Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

30^th day of September 2022

CC 490/18 filed on 04/09/18

Complainant:                  Berly Sebastian, Kattappuram House,

                                      Potta, P.O.Chalakudy, Thrissur.

                                      (By Adv. A.D.Benny, Thrissur)

Opposite Party:               Eram Motors (P) Ltd, Thrissur.

                                      Rep.by Managing Director, Kuttanellur.P.O,

                                      Thrissur- 680 014.

                                      (Ex-parte)   

O R D E R

By Smt. Sreeja S. Member:

          Complainant booked a vehicle with opposite party by making an advance payment of Rs.25,000/- vide receipt No.18B 308967 on 16.01.18. Thereafter the booking was cancelled and they never repaid the amount back. Repeated demand for money were also not attended. Hence she caused a lawyer notice dated 08.06.18 which yielded no result. Hence this complaint.

          2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced four documents which are marked as Exts. A1 to A4. Ext. A1 is the booking receipt of the vehicle dated 16.01.18;Ext.A2 is the copy of lawyer notice; Ext.A3 is the acknowledgment card and Ext.A4 is the copy of bank passbook.

          4) We have gone through the pleadings and document produced by the complainant. Ext.A1 prove the payment of money and Ext.A2 to A4 substantiate the case of the complaint. Also there is no contra evidence available before us. Hence we are inclined to allow this complaint.

          In the result the complaint is allowed and herby direct opposite party to pay Rs.25,000/- with 6% interest from the date of this complaint i.e. 04.09.18 till realization and Rs.2500/- as compensation to the complainant within one month from the date of receipt of copy of this order. Failing in which amount carries 6% interest from the date of this order till realisation.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th  day of September 2022.

Sd/-                                          Sd/-                                                   Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President

Appendix

Complainant’s Exhibits :

Ext. A1 is the booking receipt of the vehicle dated 16.01.18.

Ext.A2 is the copy of lawyer notice.

Ext.A3 is the acknowledgment card and Ext.A4 is the copy of bank passbook.

                                                                                                Id/-

Member