ORDER<br /> <br /> By Jayasree Kallat, Member<br /> <br /> The complainant, Muhammed Suroor selected 2001 Model Silver Colour Maruthi ALTO LX car bearing No. KL-13/G-7449 from the pre-owned cars of the first opposite party. The first opposite party offered the car for Two Lakhs with the additional gas kit and extra works. The complainant agreed for the offer of Rs.Two Lakhs. The first opposite party agreed to deliver the vehicle on 23-8-06. When the complainant approached the opposite party to get the vehicle. Opposite party-1 refused to deliver. The complainant had already paid Rs.1000/- as advance amount on 22-8-06. According to the conditions of pre-owned car booking it is not refundable. Offer is only for 5 days from the date of advance payment. Hence the complainant on 24-8-06 issued a Lawyer notice to opposite party-1 directing them to deliver the vehicle. Opposite party-1 sent a reply notice stating that they are ready to sell another car available in the show room instead of the car selected by the complainant. The complainant states that because of the negligent attitude of opposite party he had suffered great loss and inconvenience and mental agony. Complainant also alleges unfair trade practice on the part of the opposite party. Hence this petition. First opposite party is the dealer of pre-owned cars. Second opposite party is the Corporate Office of opposite party-1. Notice was sent to both the opposite parties but both the opposite parties did not appear. Acknowledgement received from both the opposite parties. But they never appeared in court. Hence they were set exparte. Complainant filed affidavit along with Ext.A1 to A4. The case of the complainant is proved thus.<br /> <br /> In the result we are of the opinion that both the opposite parties-1 and 2 are liable to refund the amount of Rs.1000/- paid to opposite party as advance for the pre-owned car along with an interest @ 8% from receiving the amount by first opposite party that is 22-8-06 onwards till realization and a cost of Rs.500/- to the complainant.<br /> <br /> Pronounced in the open court this the 29th day of October 2008.<br /> <br /> Sd/- Sd/- Sd/-<br /> PRESIDENT MEMBER MEMBER<br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the complainant.<br /> A1. Photocopy of Pre-owned car booking form.<br /> A2. Photocopy of registered Lawyer notice dt. 24-8-06.<br /> A3. Photocopy of acknowledgement.<br /> A4. Photocopy of reply notice dt. 8-9-06.<br /> <br /> Documents exhibited for the opposite party.<br /> Nil.<br /> <br /> Sd/- President<br /> <br /> // True copy //<br /> <br /> (Forwarded/By order)<br /> <br /> <br /> SENIOR SUPERINTENDENT.<br /> <br /> <br /> <br /> <br />