By.Smt. Beena. M, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the case in brief:  The Complainant had paid Rs.5,000/- to the Opposite Party on 26.11.2012 for booking of Mahindra Thar.  But due to the bad behaviour of the Opposite Party the booking was cancelled.  But the Opposite Party has not been refunded the amount paid by the Complainant.  Hence this Complaint filed to give direction to the Opposite Party to refund Rs.5,000/- to the Complainant.

            3.  On receipt of notice, the Opposite Party appeared through their counsel and filed version.  The Opposite Party admitted that the Complainant had paid Rs.5,000/- as booking the vehicle with Opposite Party.  The Opposite Party denied the statement in the complaint that the booking was cancelled due to the bad behaviour of them.  After booking the vehicle, the Complainant came to the Opposite Party institution and created a disturbance with the employees of Opposite Party and the Complainant himself cancelled the booking.  The Complainant didn’t come later after cancelling booking or asking for Rs.5,000/- paid as booking charge.  The Opposite Party has been transferred Rs.5,000/- paid by the Complainant to the account of the Complainant on 10.01.2023.  Therefore, the Opposite Party prays to dismiss the complaint with costs of Opposite Party.  No oral evidence adduced by the both parties and no documents marked. 

            4.  Heard both parties, perused the complaint and version.  The only prayer of the Complainant is that direct the Opposite Party to return the amount paid by the Complainant for booking a vehicle.  The Opposite Party submitted that they already refunded the alleged amount through their account to the account of the Complainant on 10.01.2023.  At the time of hearing, the Complainant admitted that he had received back Rs.5,000/- from the Opposite Party.   Since there is no prayer for compensation and cost, the same is not allowed.  Therefore, we are of the considered view that the Opposite Party already paid the amount the complaint is liable to be dismissed.

In the result, the complaint is dismissed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 3^rd day of December 2024.

Date of Filing:- 10.01.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-