By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of Consumer Protection Act for an Order directing the opposite party to pay a compensation of Rs.10,000/- and cost of Rs.10,000/- to the complainant for the deficiency of service from the part of opposite party in not supplying the bike to the complainant.
2. Brief of the complaint:- The complainant booked for a Motorcycle from the opposite party on 23.10.2014 after paying Rs.28,000/- towards the purchase price. The opposite party promised to supply the vehicle within 20 days. The complainant availed vehicle loan of Rs.50,000/- from M/s. Sriram City Union Finance, Sulthan Bathery and the Demand Draft was given to the opposite party on 11.11.2014 and on that day the complainant was informed by opposite party that the company stopped the production of Unicon Honda Bike booked by the complainant. The opposite party informed the complainant that they will try to get a vehicle within 10 days. The complainant again approached on 21.11.2014 but no use and requested further time up to 20.12.2014. The complainant paid the 1st loan installment of Rs.2,656/- to the financier on 07.12.2014. On 20.12.2014, the opposite party informed the complainant that the bike is arrived. The complainant went to the opposite party's institution but found that an old demo bike was there ready for supply. This bike is of 2013 model which was already got rust. The complainant was not ready to take it. The opposite party again sought time up to 10.01.2015. The complainant lost his faith on the opposite party. Aggrieved by this the complainant is filed.
3. On receipt of complaint, notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version of opposite party, they contented that there is non-joinder and mis-joinder of necessary party. The manufacturer of the vehicle is a necessary party in this case. The opposite party also contented that the opposite party never gave a specific time to supply the vehicle and no assurance is given. The opposite party admitted the payment of purchase price by the complainant. There is no deficiency of service from the part of opposite party.
4. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A3. Ext.A1 is the Receipt voucher issued by opposite party, Ext.A2 is also the Receipt voucher issued by opposite party. Ext.A3 is the promise letter given to the complainant by opposite party. The opposite party also filed proof affidavit and examined as OPW1 and Ext.B1 and B2 are marked. In the affidavit of complainant, the complainant stated that the he received the bike on 13.01.2015 after filing of this complaint. The opposite party produced Ext.B1 document showing that the opposite party supplied the new bike on 13.01.2015. So here the question is regarding the delay in supplying the bike to the complainant and consequent mental agony and loss to the complainant. The opposite party in cross-examination deposed that the opposite party did not give promise to the complainant to supply the vehicle within 20 days from the date of booking. But this statement is contradictory to Ext.A3 document. In Ext.A3 document, it is clearly stated that there was a promise to give the vehicle within 20 days after booking. Again on 20.12.2014 also, the vehicle could not be supplied and further time sought up to 15.01.2015. Ext.A3 document contains seal of opposite party's institution. So by analyzing the entire evidences and documents the Forum found that there is deficiency of service from the part of opposite party in dealing the matter. Point No.1 is found accordingly.
6. Point No.1:- Since Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 17th day of July 2015.
Date of Filing:22.12.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Vinu. S. Complainant.
Witness for the Opposite Parties:-
OPW1. Tijo. Branch Manager, KTC Motors, Mananthavady.
Exhibits for the complainant:
A1. Receipt Voucher. Dt:23.10.2014.
A2. Receipt Voucher. Dt:24.10.2014.
A3. Promise Letter. Dt:20.12.2014.
Exhibits for the opposite parties:-
B1. Acknowledgment for Receipt of Vehicle.
B2. Temporary Registration Details.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
