D.O.F : 04/01/2023
D.O.O : 20/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 4/2023
Dated this, the 20th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Bhaskaran Nair, aged 53 years
S/o A. Kunhikannan Nair (L)
Ooladukkam, Panayal P O
Kasaragod district.
(Adv: C Shukkur) : Complainant
And
- Jayesh K
S/o Rajan,
Paduvalam, Pilicode P O & Village
Kasaragod – 671310.
(Sales Manager, Sangeerth TVS
Indiranagar, Chengala P O
Kasaragod district)
- Smt. Sreelatha
W/o Jayesh K.
Paduvalam, Pilicode P O& Village
Kasaragod – 671310.
(The Propreitor, Sangeerth TVS)
(Adv: P Y Ajaykumar) : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case is that complainant is an auto rickshaw driver by profession. The opposite party No.1 is the sales manager and opposite party No. 2 is the proprietor of opposite party, and wife of opposite party No.1. The opposite party No.1 approached the complainant and explained the advantages of new brand auto “TVS KING Petrol auto rickshaw” which is available in opposite party’s showroom for Rs. 2,14,947/- including registration fee. Believing the assurances given by the opposite party No.1, the complainant had entrusted Rs. 46,000/- to opposite party No. 1 on 04/05/2022 for booking the aforesaid vehicle. Thereafter the complainant had taken a vehicle loan of Rs. 1,68,000/- from Canara Bank, Periya branch and transferred the amount to the account of opposite party No.1. Thus the complainant had given Rs. 2,14,947/- (Rupees Two lakhs Fourteen thousand Nine hundred and Forty Seven only) to opposite party No.1 for the vehicle and an amount of Rs. 46,000/- as hand loan. Thus opposite party No.1 received a total sum of Rs. 2,60,947/- from the complainant. But so far the opposite party No.1 had neither delivered the vehicle nor refunded the amount. Due to the interference of opposite party No.2, opposite party No. 1 had given a cheque for Rs. 2,36,000/- to the complainant. But the said cheque was returned stating that the account holder had no sufficient money in his account. Due to non-delivery of auto rickshaw by opposite party No.1 as promised earlier, the complainant had undergone huge monitory loss and untold miseries. The complainant is seeking refund of Rs. 2,60,947/- along with Rs. 2,00,000/- as compensation for mental agony and loss.
Even though Adv. P Y Ajaya Kumar filed vakalath and prayed time for version, it is not filed in time.
The complainant filed proof affidavit in lieu of chief examination and documents produced are marked as Ext. A1 to A5. The questions raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
- If so, what is the relief?
For convenience questions 1 to 3 can be discussed together. The case of the complainant is that the complainant had entrusted Rs. 2,14,947/- to opposite party No. 1 for booking TVS KING petrol auto rickshaw which is available with opposite parties. So the complainant is a consumer as per CP Act 2019. He had given the full price of the aforementioned vehicle to the opposite party No.1. The opposite party No. 1 acquired a hand loan of Rs. 46,000/- from the complainant. But so far the auto rickshaw is not delivered. The complainant is eking his livelihood by plying the auto rickshaw. The complainant arranged the money by arranging a vehicle loan. The non-delivery of the auto rickshaw caused huge loss and severe mental agony to the complainant. Ext. A1 is the driving license of the complainant. Ext. A2 is the receipt issued by motor transport workers welfare fund board. Ext. A3 is the quotation issued by opposite party to the complainant. Ext. A4 is the statement of account of the complainant from 18 June 2020 to 18 June 2024. Ext. A5 is the return memo by Canara bank stating fund insufficient. The grievance of the complainant is that even after collecting Rs. 2,60,947/- from the complainant, opposite party No.1 neither delivered the booked auto rickshaw not refunded the amount. Due to the interference of opposite party No.2, opposite party No.1 had given a cheque for Rs. 2,36,000/-, but the said cheque was returned stating that the account holder had no sufficient money in his account. Ext. A5 is produced to prove the same. The irresponsible act of opposite party No.1 caused huge monitory loss and mental agony to the complainant.
In the absence of rebuttal evidence, there is serious dereliction of duty and unfair trade practice on the part of opposite parties which caused huge monitory loss and mental agony to the complainant. The opposite parties are bound to compensate the monitory loss and mental agony undergone by the complainant.
The relief claimed by the complainant is to refund of Rs. 2,60,947/- along with Rs. 2,00,000/- as compensation for mental agony and loss. The complainant is eking his livelihood by plying auto rickshaw and due to the deficiency in service on the part of opposite parties, the complainant lost his money. The complainant is entitled for the paid amount of auto rickshaw with compensation and cost. Considering the circumstances of this case, we holds that an amount of Rs. 50,000/- is a reasonable compensation in this case. The complainant is also entitled for the cost of litigation of Rs. 5,000/- also.
Therefore the complaint is partly allowed, directing opposite parties to refund Rs. 2,60,947/- (Rupees Two lakhs Sixty thousand Nine hundred and Forty Seven only) with 8% interest from the date of complaint till payment along with Rs. 50,000/- (Rupees Fifty thousand only) as compensation and Rs. 5,000/- (Rupees Five thousand only) as cost to the complainant within 30 days from the date of receipt of copy of this order. The opposite parties No.1 and 2 are jointly and severally liable to pay the aforementioned amount to the complainant.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Copy of the driving license
A2 – Receipt issued by motor transport welfare fund board
A3 – Copy of quotation issued by opposite party
A4 – Statement of account of the complainant
A5 – Return memo by Canara bank
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
