D.O.F :08/11/2023
D.O.O : 05/07/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.356/2023
Dated this, the 5th day of July 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Sabu Ignatious
Kavumpurath Veedu
Chattamala
Chittarikkal P O
Kasaragod district, 671326. : Complainant
And
- Jijesh K J
-
-
Kannur district.
- Fr. Thomas (Shan)
Mannaparampil (OCD)
Jose Bhavan
Koodathayi P O
Kozhikkode – 673573.
Kozhikode district.: Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service and unfair trade practice on the part of opposite parties in connection with collection of an amount of Rs.1,85,000/- from the complainant for a Maruthi Alto LXI in connection with the charity activities of opposite parties. The brief facts of the case of the complainant is that due to the influence of opposite party No.2, Fr. Thomas Mannamparambil, the complainant booked Maruthi Alto LXI. The opposite party No.2 demanded the complainant to transfer Rs. 1,85,000/- to his account and thus the complainant had transferred an amount of Rs.1,85,000/- from his SBI account No. 00000039504156594 to the account of opposite party No.1, Jijeesh K J, account No. 15938714067 Indusinal Bank, IFSC code INDB 0000030. As a part of community development program of GSSF in India, the opposite parties offered to provide two wheelers, four wheelers and housing etc. to the needy throughout in various parts of the county. Thus opposite parties had collected money from complainant also for a Maruthi Alto LXI. The opposite party No.2 offered the complainant to deliver the vehicle on 15/11/2020. But So far the vehicle is not delivered. The complainant contacted opposite parties many times through phone. But so far neither the amount nor the vehicle is delivered. Hence the complainant is seeking refund of the advance amount with interest, compensation and cost.
Notice of opposite party No.1 returned stating that ‘not in station’. Notice of opposite party No.2 served, name called absent, set exparte. The complainant filed proof affidavit in lieu of chief examination. The documents produced are marked as Ext. A1and A2. The questions raised for consideration are;
- Whether there is any deficiency in service or unfair trade practice on the part of opposite party in non-delivering the vehicle as promised earlier?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
Believing the assurance given by opposite party No.2 Fr. Thomas Mannamparambil, the complainant booked Maruthi Alto LXI and transferred an amount of Rs.1,85,000/- to the account of opposite party No. 1 as per the directions of opposite party No.2. The opposite party No. 2 offered to deliver the vehicle on 15/11/2020, but they failed to deliver the vehicle as offered earlier. Thereafter the complainant contacted opposite parties through phone many times. But opposite party No. 2 evaded from payment to the complainant.
Ext. A1 is the receipt of State Bank of India and Ext. A2 is the account statement of the complainant in the month of August 2020. Ext. A1 proves the payment of Rs.1,85,000/- through NEFT to the account of opposite party No.1. Only due to the influence of the opposite party No. 2 the complainant booked the vehicle and transferred the amount to the opposite party No.1’s account. But the opposite parties grabbed the money from the complainant. We carefully gone through the affidavit and documents produced by the complainant. It is true that due to the non-delivery of the vehicle the complainant suffered huge loss and severe mental agony. Ext. A1 and A2 are the details of payment to opposite party No. 1 which proves deficiency in service and unfair trade practice on the part of opposite parties. In the absence of rebuttal evidence there is gross deficiency in service and unfair trade practice on the part of opposite parties. Refund of the amount with compensation and cost is highly necessary in this case. Considering the facts and circumstances of this case, an amount of Rs. 35,000/- is a reasonable compensation in this case.
In the result complaint is allowed, directing opposite parties to refund Rs.1,85,000/- (Rupees One lakh Eighty Five thousand only) with interest from the date of payment till realization with Rs.35,000/- (Rupees Thirty Five thousand only) as compensation along with Rs. 3,000/- (Rupees Three thousand only) as cost to the complainant within 30 days from the date of receipt of copy of this order. The opposite parties are jointly and severally liable to refund the amount with compensation to the complainant.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Receipt of State Bank of India
A2 – Account statement of the complainant
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/