By ADV. RAVI SUSHA, MEMBER<br /> <br /> This complaint is filed for giving direction to the 1st opp.party to grant the extra fittings and amenities offered and mentioned in the cash receipt issued to the complainant, to recover the sum equal to the refund of excise subsidy from the opp.parties 1 and 2, and for compensation and cost.<br /> <br /> It is stated in the complaint as follows:<br /> <br /> The complainant had purchased a Tata Indica V2[DLS] Diesel car from the 1st opp.party on 22.5.2006 for the purpose of plying as tourist taxi for his livelihood. The vehicle was delivered to the complainant on 22.5.2006 and it was assigned registration No.KL.2/Y-7860 by the RTO., Kollam. The complainant further obtained all India tourist permit from the RTO and thereafter started to use the same as a tourist taxi. Before purchase, the 1st opp.party has made the complainant to believe that, he will be supplied with the extra fittings and amenities specifically mentioned in the cash receipt dated 10.5.2006. But the 1st opp.party failed to gave the facilities offered and thereby committed unfair trade practice against this complaint. Since the vehicle was purchased under the taxi quota, the complainant is legally entitled to get subsidy in excise duty permissible under law. Inspite of repeated request and demands the opp.parties 1 and 2 did not heed to compensate the complainant. The aforesaid conduct of the opp.parties 1 and 2 are deficiency in service as defined in the Consumer Protection Act. Hence the complainant prays for reliefs.<br /> <br /> The complainant filed chief affidavit and marked Exts.P1 to P4.<br /> Opp.parties dared not to turn up. Hence they stand declared exparte. The point to be determined is whether the complainant deserves relief as prayed for.<br /> <br /> The complainant proved his case through the complaint, affidavit, deposition in chief and exhibits marked. The complainant was heard. As no evidence is adduced from the side of the opp.party, we are constrained to rely upon the exparte evidence. Ext.P1 shows that 1st opp.party has made the complainant to believed that, they will supply the extra fittings and amenities mentioned in Ext.P1. But the 1st opp.party failed to give the extra fittings offered. Hence there is unfair trade practice. The next prayer of the complaint is to recover the sum equal to the refund of excise subsidy from the opp.parties 1 and 2. As a matter of fact PW.1 has not produced any material, worth believable, to show that he has filed application along with the required documents to the 1st opp.party for getting subsidy in excise duty permissible under law. There is only a vague statement that he had made requests to opp.parties 1 and 2 on several times. In the absence of any material, the forum is not in a position to order the said prayer.<br /> <br /> Hence the complaint is allowed in part. The opp.party is directed to grant the extra fittings and amenities offered and mentioned in the cash receipt [ext.P1] to the complainant. The 1st opp.party is further directed to pay Rs.5,000/- as compensation and Rs.1000 as cost of this complaint. The order is to be complied within one month from the date of receipt of the order.<br /> <br /> Dated this the 09th day of January, 2008.<br /> <br /> <br /> <br /> K. VIJAYKUMARAN ACHARY:<br /> <br /> ADV. RAVI SUSHA:<br /> <br /> <br /> I n d e x<br /> <br /> <br /> List of witnesses for the complainant<br /> <br /> PW.1. –Salim<br /> <br /> <br /> List of documents for the opp.party<br /> <br /> P1. – Cash Receipt <br /> P2. – Sale certificate<br /> P3. – Registration Certificate<br />