Kerala

Kasaragod

CC/245/2022

Tom Joseph - Complainant(s)

Versus

Fr Thomas M J - Opp.Party(s)

10 Mar 2023

ORDER

C.D.R.C. Kasaragod
Kerala
 
Complaint Case No. CC/245/2022
( Date of Filing : 30 Sep 2022 )
 
1. Tom Joseph
Machianikal, Chittarikkal P O, 671326
Kasaragod
kerala
...........Complainant(s)
Versus
1. Fr Thomas M J
Avilagiri Ashram, Minor Seminary, Ward No 6, kakkadampoyil , Koomabara Road, 673604
Kannur
Kerala
2. Jijesh K J
Kottuparambil, Manjalampuram, Kelakam P O,
Kannur
kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KRISHNAN K PRESIDENT
 HON'BLE MRS. Beena.K.G. MEMBER
 HON'BLE MR. RadhaKrishnan Nair M MEMBER
 
PRESENT:
 
Dated : 10 Mar 2023
Final Order / Judgement

  D.O.F:30/09/2022

                                                                                                   D.O.O:10/03/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,    KASARAGOD

      CC.No.245/2022

Dated this, the 10th day of March 2023

 

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

 

Tom Joseph,

Machianikal,

Chittarikkal. P.O,                                                                  : Complainant

Kasaragod (Dt),

Pin- 671326

           

And

 

  1. Fr.Thomas M.J,

Avilagiri Ashram,

Minor Seminary,

Ward No. 6,

Kakkadampoyil,Koombara Rd,

Kombara- 673604: Opposite Parties

 

  1. Jijesh .K.V
  2. Kottuparambil, Manjalampuram, 

Kelakam P.O,

Kannur Dt

ORDER

 

SRI.RADHAKRISHNAN NAIR.M : MEMBER

The complaint is filed under section 35 of Consumer Protection Act 2019 on the ground of unfair trade practice on the part of Opposite Party.

The facts of the case in brief as follows: The Opposite Party No.1 induced the complainant by introducing a special scheme for women, as per which a Maruti Swift D’zire LX1 car would be delivered within 15 November 2020, through an organisation namely GSSF GLOBAL, for those who pay Rs.3,90,000/- to the account of the opposite party No.2, who is the Area Co-ordinator of the scheme. Accordingly, complainant paid an amount of Rs.3,90,000/- on 11.08.2020, in the name of his wife SiniVarghese to the account of the OppositeParty No.2, but no vehicle was delivered.  When enquired about the non-delivery of the vehicle even after elapse of several months, the Opposite Party No.1 told the complainant that the vehicle would be delivered soon and an amount of Rs. 10,000/- to be sent towards the registration expense. Accordingly, that amount was also paid by the complainant.  The Opposite Party No.1 further offered that the entire amount would be refunded with interest, if they failed to deliver the vehicle, at any instance. The complainant raised the amount by way of a loan obtained from the Federal Bank and the above loan amount is being paid and closed with interest. But the opposite parties did not deliver the vehicle in time nor refund the amount as offered. There after the Opposite Party No.2 issued a cheque dated 15.04.2022 for Rs.4,00,000/- in favour of Sini Varghese, but the same was returned unpaid for the reason, ”Payment Stopped by the drawer”. The act of the opposite parties amount to unfair trade practice, due to which the complainant suffered mental agony and hardships apart from monitory loss. Hence this complaint is filed for a direction to the opposite parties to deliver the vehicle or torefund the entire amount with interest and to pay compensation for the mental agony and hardships.

The notice sent to the opposite parties were duly served, but they remained absent and was set exparte.

The complainant filed proof affidavit in lieu of chief examination and documents Ext.A1to A7 are marked. Ext.A1 is the agreement dated executed by the Opposite Party No.2 dated 23.03.2022, Ext.A2 is the copy of mass petition dated 07.02.2022 sent to the opposite party No.1, , Ext. A3 is the postal A/D card, Ext A4 is the debit slips for payment of Rs.3,90,000/-, Ext.A5 is the cheque dated 15.04.2022 for Rs.4,00,000/- issued by the Opposite Party No.1, in favour of Sini Varghese, Ext.A6 series are the Return Memos issued by the K.G. Bank, Chittarikkal Branch, Ext.A7 is the Statement of bank account of the complainant for the period from 01.08.2020 to 12.08.2020 .

Based on the pleadings, the following issues are framed for consideration.

  1. Whether there is any unfair trade practice or service deficiency on the part of the opposite party.
  2. If so what is the relief

        For convenience, both these issues are considered together.

The specific case of the Complainant is that Opposite Parties induced the complainant by introducing a special scheme for women, as per which a Maruti Swift D’zire LX1 car would be delivered within 15 November 2020, through an organisation namely GSSF GLOBAL, and obtained an amount of Rs.4,00,000/-, but no vehicle is delivered. Even though the opposite party No.1 further offered that the entire amount would be refund with interest, in case they failed to deliver the vehicle, they did not keep their words. The cheque dated 15.04.2022 for Rs.4,00,000/- by the OppositeParty No.2 was returned unpaid for the reason, “Payment Stopped by the drawer”.  The act of the opposite parties amounts to unfair trade practice, due to which the complainant suffered mental agony and hardships apart from monitory loss.

The Complainant produced Ext. A1 to A7 to prove his case. The Ext.A1 would show that the Opposite Party No.2 admitted the receipt of amount of Rs.4,00,000/-(Rs.3,90,000/-+Rs.10000/-) each from the complainant and some other persons on the promise to deliver the vehicle He also admit his failure to keep the words and the liability to return the amount and the issuance of the Ext. A5 cheque. Ext.A6 the return memo would show that the cheque was dishonoured for the reason that “Payment Stopped by the drawer”. These are clear evidences for the unfair trade practice on the part of the opposite parties.

Considering the facts and circumstances of the case and in the absence of rebuttal evidence this commission is of the view that the act of the opposite parties amounts to unfair trade practice, due to which complainant suffered mental agony apart from monitory loss.  The Opposite Parties are jointly and severally liable to compensate for the loss of the complainant. The complainant is entitled for the refund of the amount of Rs.4,00,000/- with interest along with a compensation and costs.

This commission is of the view that Rs.50,000/- will be a reasonable compensation for mental agony and hardships in this case.

In the result the complaint is allowed, directing the Opposite Parties, jointly and severally to pay Rs.4,00,000/- (Rupees Four Lakhs only) to the Complainant, towards the refund, with interest at the rate of 8% per annum from, with interest at the rate of 8% per annum from 30.09.2022, the date of complaint to the date of payment.  The opposite parties are also directed to pay Rs.50,000/- (Rupees Fifty Thousand only) towards compensation for mental agony andRs.5,000/- (Rupees Five Thousand only) towards costs.

Time for compliance is 30 days from receipt of copy of this judgment.

      Sd/-                                                 Sd/-                                                         Sd/-

MEMBER                                    MEMBER                                     PRESIDENT

Exhibits

A1:  Agreement

A2:  Copy of mass petition

A3:  Postal A/D card

A4:  Debit slips for payment of Rs.3,90,000/-

A5:  Cheque dated 15.04.2022

A6 series are Return Memos issued by the K.G. Bank

A7:Statement of bank account

 

      Sd/-                                                 Sd/-                                                          Sd/-

MEMBER                                    MEMBER                                     PRESIDENT

 

 

Forwarded by Order

 

                                                                            Assistant Registrar

Ps/

 

 

 

 
 
[HON'BLE MR. KRISHNAN K]
PRESIDENT
 
 
[HON'BLE MRS. Beena.K.G.]
MEMBER
 
 
[HON'BLE MR. RadhaKrishnan Nair M]
MEMBER
 

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