DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of April 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 29/01/2016
: Sri.V.P.Ananatha Narayanan, Member
(C.C.No.13/2016)
N.S.Lakshmanan,
S/o.N.L.Sundaran,
Nochur Village,
Koduvayur Post, Chittur Tlauk
Palakkad - Complainant
(By Adv.Sreejith Menon.M)
Vs
Indus Motors Company Ltd.
Rep.by Rajan, Dealership Head,
Door No.VI/366 and 367,
N.H.47 Koottupatha,
Palakkad – 678 007 - Opposite party
O R D E R
By Shri.V.P.Anantha Narayanan, Member.
Brief facts of complaint.
The complainant with an intention to purchase a motor car for his personal use, searched in internet found the opposite party’s advertisement and contacted the opposite party over telephone. As a result of the conversation complainant had with the opposite party, Opposite party’s staff member by name, Raviprakash, came to the house of the complainant on 4/6/15 and canvassed him to purchase Maruti Alto LXI Car. Raviprakash also informed the complainant about the offer price reduction of Rs.20,000/-. Ravipraksh also told the complainant about the exchange of old vehicle with the new car - his old car and old scooter parked in the house of the complainant- for good value. After consulting with opposite party, Raviprakash told the complainant that the latter could purchase the new Maruti Alto Lxi car at a total on the road price of Rs.324638/ after deducting the exchange price and offer price.
Believing the words of the opposite party the complainant agreed to purchase the new car at a total amount of Rs.324638/ and paid Rs.50,000/- as booking amount to the opposite party on 4/6/15. On 5/6/15 he went to the office of the opposite party and paid Raviprakash Rs.1,20,000/- by cheque. On 12/6/15, Rs.1,30,000/- was paid to opposite party by cash. It was agreed by both parties i.e. the complainant and the opposite party that the new car be delivered on 18/6/15 on which date the vehicle was delivered by the opposite parties to the complainant in the presence of staff members.
At that time the opposite party assured the complainant to take necessary steps to register the car at RT office Chittur. But after delivering the vehicle, the opposite party did not take any step to register the vehicle at RTO Chittur. Hence complainant contacted the opposite party on 11/7/15 who came to the complainant’s house and went with his new car saying that the amount paid by the complainant for the new car was not accounted by the opposite party’s office and the opposite party did not give the complainant proper receipt for the amount paid by him.
Then the complainant rushed to the Kasaba Police Station and gave a complaint stating the true facts. The police officials booked the complaint with Crime No.840/2015 against the opposite party and investigated the crime. According to the police the opposite party and his staff members were guilty of penal offences.
To get rid of prosecution proceedings the opposite party requested the complainant for a compromise with him and assured him to return the car and pay him compensation for the loss caused to him. Hence a compromise agreement was executed between the complainant and the opposite party on 28/7/15 which mentioned that the opposite party would take the necessary steps to recover amount due to him i.e. Rs.1,20,000/- from their staff member Mr.Raviprakash. Then the opposite party collected Rs.1,44,000/- from the complainant on 18/9/2015. The opposite party did not take any steps to recover the amount due to the complainant. The opposite party violated the terms of the compromise agreement. The opposite party should refund Rs.1,20,000/- as agreed. The opposite party collected an amount which was in excess of the original price of the car which is an unfair trade practice on the part of opposite party.
Inspite of complainant’s demand several times to opposite party to return Rs.1,20,000/- and to give compensation for the loss caused to him, the opposite party did not perform his duty, according to the complainant. Complainant pleads before the Hon’ble Forum that only because of the dereliction of duty, negligence and unfair trade practice from the side of opposite party, he suffered loss and injury on account of deprivation, harassment, mental agony, loss of manpower days etc.
The complaint was admitted and notice was issued to opposite party. Since opposite party failed to appear before the Forum, he was absent and set exparte.
The evidence adduced by the complainant consists of his chief affidavit and Ext.A1 to A6.
Issues to be are considered
1.Whether there is any deficiency in service on the part of opposite party?
2.If so, what is the relief?
Issue 1& 2
Ext.A1 to A3 shows order booking check lists of the opposite party dated 4/6/15, 5/6/15 and 12/6/15 respectively. Ext.A4 shows cash receipts issued by opposite party to the complainant which is dated 8/6/15 for Rs.40,000/- towards booking amount of Maruti Alto 800 LXi.
Ext.A5 proves that opposite party has received from the complainant Rs.1,44,000/- on 18/9/2015 through his employee Vinu kumar who has signed the cash receipt of Rs.1,44,000/- on behalf of the opposite party, which represents the balance amount of Alto 800 LXi. Ext.A6 is the agreement executed between the complainant and opposite party which proves that the opposite party has to pay Rs.1,20,000/- to the complainant.
After considering the above we come to the conclusion that the complainant is entitled to get Rs.1,20,000/-. There is deficiency of service on the part of opposite party because the opposite party did not take any steps to register the vehicle at RT Office, Chittur and the opposite party did not take steps as promised in the compromise agreement vide Ext.A6 to recover Rs.1,20,000/- collected from the complainant by Raviprakash, former territory head of opposite party. Since opposite party remained exparte and there is no contrary evidence to the evidences adduced by the complainant, we allow the complaint.
We direct the opposite party to pay Rs.1,20,000/- (Rupees One lakh Twenty thousand only) being excess amount collected, Rs.6,000/- (Rupees Six thousand only) as compensation for mental agony suffered by the complainant along with Rs.2,000/- (Rupees Two thousand only) as cost of litigation to the complainant.
Order shall be complied within a period of one month from the date of receipt of the order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 29th day of April 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked from the side of complainant
Ext.A1 – Order booking check list dated 4/6/15 issued by opposite party
Ext.A2 - Order booking check list dated 5/6/15 issued by opposite party
Ext.A3 – Oder booking check list dated 12/6/15 issued by opposite party
Ext.A4 - Cash receipt dated 8/6/15 issued by the opposite party
Ext.A5 - Cash receipt dated 18/9/15 issued by the opposite party
Ext.A6 – Agreement entered into between the complainant and the opposite
party.
Exhibits marked from the side of complainant
Nil
Cost
Rs.2,000/- allowed as cost of the proceedings
