D.O.F:28/12/2022

                                                                                                   D.O.O:20/07/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION    KASARAGOD

      CC.No.315/2022

Dated this, the 20^th day of July 2023

PRESENT:                                                  

SRI.KRISHNAN.K                         :PRESIDENT

SMT.BEENA.K.G                        : MEMBER

Tomy Thomas

Pallattukunnel (H)

Balal P.O, Parappa Via                                    : Complainant

Kasaragod D.T

                                        And

1. Jijesh.K.J

Kottuparambil (H)

Manjalampuram

Kelakam. P.O, Kannur D.T                              : Opposite parties

2. Fr. Thomas. M.J

Avilagiri Ashram

Minor Seminary Ward. No.6

Kakkadampoil, Koombara

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 booking Maruti Alto 800 BS6 LXI as a part of charity activities of Opposite party’s. But the vehicle is not delivered to the complainant as offered. The brief facts of the case of the Complainant is that as a part of community development program of GSSF in India Opposite Parties offered to provide two wheelers four wheeler housing etc, to ordinary people in Christian community had been carried out in various parts of the country.  The opposite party No.1 offered the Complainant to deliver the vehicle within three months.  Due to the influence of opposite party No.2, Father Thomas Mannamparambil, the complainant booked Maruti Alto 800 BS 6LXI and transferred an amount of Rs.1,85,000/- to the Opposite Parties companies account on 12/08/2020.  The complainant contacted Opposite Parties many times through phone as the Opposite parties offered to deliver the vehicle within three months from advance payment.  So far the vehicle is not delivered, neither the amount refunded nor the vehicle is delivered.  Hence the complainant is seeking refund of the advance with interest compensation and cost.

Notice to Opposite Party No.1 and 2 served.  Name of Opposite Parties called absent set exparte.

 The complainant filed proof affidavit in lieu of chief examination the documents produced are marked as Ext.A1 to A2 The question raised for consideration are:-

1. Whether there is deficiency in service or, unfair trade practice On the part of Opposite Parties in connection with vehicle supply?
2. Whether the complainant is entitled for relief?
3. If so what is the relief?

Believing the assurance given by Opposite Party No.2 Father Thomas Mannamparambil the complainant booked Maruthi Alto 800 BS 6 LXI and transferred an amount of Rs.1,85,000/- to the Company account of opposite party.  The opposite party offered to deliver the vehicle within three months, but they failed to deliver the vehicle as offered. Thereafter the complainant contacted opposite parties many times through phone, but there was no result

Ext.A1 is the chalan form of co-operation bank. Ext A2 is the account statement of the Complainant in union bank of India.  Ext.A1 proves the payment of Rs.1,85,000/- through NEFT to the Opposite Parties company’s account.  Only due to the influence of the opposite party No.2 the Complainant booked the vehicle and transferred the amount to the opposite parties company’s account.  But the Opposite Parties failed to deliver the vehicle even after 2 years. 

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 loss and severe mental agony.  Ext.A1 and A2 proves deficiency in service and unfair trade practice on the part of opposite parties.  Refund of the advance amount with compensation and cost is highly necessary in this case.  An amount of Rs.25,000/- is a reasonable compensation in this case. 

In the result the complaint is allowed directing the Opposite Parties jointly and severally to pay Rs.1,85,000/- (Rupees One Lakh and Eighty Five Thousand only) with interest at the rate 9% per annum from 28/12/2022 the date of complaint till the date of payment.  The Opposite parties are also directed to pay Rs.25,000/- (Rupees Twenty Five Thousand only) towards compensation and Rs.3,000/- (Rupees Three Thousand only) as cost to the complainant. 

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

      Sd/-                                                                                                Sd/-

MEMBER                                                                                      PRESIDENT

Exhibits

A1:  Chalan Form

A2:  Account statement

      Sd/-                                                                                              Sd/-

MEMBER                                                                                      PRESIDENT

Forwarded by Order

Ps/                                                                   Assistant Registrar