IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

                       Dated this the      24^th   day of April 2018

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

        Sri. M.Praveen Kumar,Bsc, LLB ,Member

CC.No.99/17

Anilkumar.R                                                        :         Complainant

Ambadi House, Archal, Nediyar.P.O

Anchal, Kollam-691306

V/s

1.  Kollam Popular Motor  World Private Ltd :         Opposite parties

          By-pass road, Palathara junction, Kollam

2.  Arun.G

           Kollam Popular Motor  World Private Ltd

           By-pass road, Palathara junction, Kollam

3. Unni.M

         Kollam Popular Motor  World Private Ltd

          By-pass road, Palathara junction, Kollam

ORDER

E.M.MUHAMMED IBRAHIM , B.A, LL.M,President

            This  is a case based on a Consumer complaint filed under Section 12(1)(a) of the Consumer Protection Act seeking compensation to the tune of Rs.26,500/- along with interest and costs from the opposite party No.1 to 3.

          The averments in the complaint in short are as follows.

          Being attracted by the paper publications the complainant enquired above the details of a new car.  However after 2 days ie, 18.10.16 three persons from 1^st opposite party approached the complainant at his residence and introduced them as sales manager and other staff of the 1^st opposite party.  After talk the complainant decided not to purchase any vehicle.  There up on the opposite party made several offers and accordingly he decided to purchase one new EON MAGNA car and paid Rs.5000/- as advance on the same day.  Later he paid the entire sale  consideration  and  purchased  one  such  vehicle.  However  it  was offered that when the vehicle was brought to the  1^st  service  the  opposite party

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would supply  seat cover worth Rs.6500/- .  Though the 1^st service was made on 28.01.17 seat cover as offered has not been supplied. Later he contacted the opposite parties on  several occasions over  phone and also by directly approaching them at the show room.  But they have not delivered the same.  The complainant made complaints before Divisional manager, Sales Manager and Customer care, Thiruvananthapuram on several occasions regarding the non supply of seat cover.  They undertaken to supply the same  but has  not supplied

the same till date.  Hence he sustained mental sufferings, financial loss and also loss of his precious time apart from financial loss.  In the circumstance the complainant prays to direct the opposite parties to pay Rs.6500/- being the cost of seat cover and Rs.20,000/- as compensation and costs .

          Originally there were three opposite parties.  Subsequently opposite party No.3 was deleted on the application of the complainant.  Though opposite party 1&2 entered appearance, they have not filed any version and they were set exparte.  The complainant filed proof affidavit and got marked Ext.P1 to P5 documents.

          Heard the complaint who conducted the case in person.

          The only point for consideration is:-

1. Whether the complainant is entitled to get the cost of the seat cover, compensation along with interest and costs as prayed for?

The Point

The complainant filed proof affidavit by re-iterating the averments in the complaint.  The unchallenged averments in the affidavit coupled with Ext.P1 to P3 documents would establish that the complainant has purchased one EON MAGNA car by paying on road price Rs.3,70,000/- and at the time of selling the car opposite party No.1&2 has offered  to supply  seat cover after 1^st service. 

The averments in the affidavit and Ext.P5 document would establish that 1^st free service was done on 28.01.17.   It is  also  clear from the available materials that 

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even after 1^st free service the complainant has not given any seat cover.  Ext.P4 document would show that the complainant has purchased the seat cover for Rs.6000/- on 14.02.18 from Car Plaza, Kottarakkara.  The 1^st opposite party has clearly written in Ext.P1 document in his own hand writing that the seat cover will be supplied after 1^st service.  But the unchallenged averments in the  affidavit  would  establish that in spite of the repeated request of the complainant the 1^st opposite party has not given the seat cover offered while purchasing the car.  The averments in the complaint would further establish that as free seat cover was not supplied he has sustained much mental agony apart from financial loss of Rs.6500/.  Therefore the complainant is entitled to get Rs.6500/- being the value of the seat cover and he is also entitled to get compensation from the opposite parties.  In view of the facts and circumstances of the case we are of the view that compensation to the tune of Rs.10,000/- will be reasonable and sufficient.  The point answered accordingly.

 In the result  opposite party No.1&2 are directed to pay Rs.6500/- being the cost of the seat cover offered within 45 days from today.  Opposite party No.1&2 are also directed to pay Rs.10,000/- to the complainant being compensation within 45 days from today.   If the opposite parties fail to pay Rs.16,500/- within 45 days the complainant is at liberty to realise Rs.16,500/- along with interest at the rate of 12% per annum from opposite party No.1&2 jointly and severally and also from their assets.  The opposite parties further directed to pay Rs.2000/- as costs of the proceedings.

Dictated to the  Confidential Assistant Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the  24^th    day of April  2018.     

                              E.M.Muhammed Ibrahim:Sd/-

                              M.Praveen Kumar:Sd/-

                             Forwarded/by Order

                                                                                                     Senior Superintendent