SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP’s to refund  Rs.1,19,000/-  already  paid by the complainant to OPs    along with  compensation  and cost  for a  total sum of Rs.2,00,000/-  to the complainant  for   the deficiency in service and  unfair trade practice on the part of OP’s.

  The brief of the complaint :

   On November 2022, the sales executive of OP’s  institution  one Mr. Adarsh approached the complainant and explained the benefit  and quality of the  vehicle  Ignite Motors, TVS NTORQ scooter.  Only on  believing the words of Mr.Adarsh the complainant agreed to purchase the scooter.  The total amount fixed for the scooter is Rs.1,19,000/-.  Then the sales executive of OP’s staff Mr.Adarsh appeared before the complainant’s house and collected cash in 2 instalments, ie,Rs.50,000/- and Rs.49,000/- respectively from  the complainant.  Thereafter the complainant paid Rs.10,000/- each  two instalments to 1^st OP’s google pay account  No.812746939.  The complainant paid total sum of Rs.1,19,000/-  on 14/11/2022 the OP’s  send a receipt  to complainant that they had received the entire amount.  At the time of booking the vehicle and  paying the  amount the OP’s assured that the vehicle will be delivered immediately.  Then the complainant approached the OP’s for taking the vehicle.  But the OPs are not ready to deliver the vehicle within the period and they stated that 2023 new model vehicle will be delivered.  At last in the month of 3^rd April 2023 the complainant approached the OP’s shop for taking the vehicle.  At that time the OP’s shop “closed” and he  understood that the complainant is cheated by the  OPs.  Then the complainant contacted the OP by phone and they replied that they are ready to return the  amount to complainant.  But the OPs not refund the amount so far.  The complainant had been  put to great inconvenience and loss due to the irresponsible behaviour  and non delivery of the vehicle after receiving the entire amount from the complainant.   The act of   OP’s the complainant  caused much mental agony and financial loss.   So there is deficiency of service and unfair trade practice on the part of OP’s.  Hence the complaint.

           After filing the complaint, notice  issued to OP’s . OP’s received the  notice  and  not appeared before the commission and not filed any version . The commission had to hold that the OP’s have no version as such  this case came to be proceed against  OP’s  set  exparte. 

    Even though the OP’s have remained ex-parte it is for the complainant to establish the allegations made by him against the OP’s.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.  Then the  complainant  appointed his father Mr.P.K Madhusoodhanan as the power of attorney holder of the complainant.  Then the power of attorney  holder  produced his affidavit along with one  document marked as Ext.A1 .  The power of attorney holder  was examined as PW1.   So the opposite parties remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant document of the complainant . On November 2022 the sales executive  of OP’s institution  Mr. Adarsh approached the complainant and explained the benefit  and quality of the  vehicle  Ignite Motors, TVS NTORQ scooter.  Only  believing the words of Mr.Adarsh the complainant agreed to purchase the scooter and he paid the full amount of Rs.1,19,000/- to OPs. After receiving the full amount  on 14/11/2022 ,the OP’s  send a receipt  to complainant  also.  That is marked as Ext.A1.  After receiving the full amount of Rs.1,19,000/-  the OP is not ready to deliver the scooter to the complainant . Thereafter the complainant contacted the OPs and they stated that 2023 the new model scooter will be delivered to him.  But the OPs failed to do.  Moreover the OP’s closed their shop also.  So the OP’s are directly  bound to redressal  the grievance caused to the complainant.  Therefore we hold that the OP’s1&2 are jointly and severally liable to  refund  the amount of  Rs.1,19,000/-  to the complainant along with  Rs.15,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- as litigation cost to the complainant.

            In the result, the complaint is allowed in part directing  the opposite parties  jointly and severally liable to  refund Rs.1,19,000/-  to the complainant along with  Rs.15,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- as litigation cost to the complainant within 30 days of receipt of this order.  In default, the amount of Rs.1,19,000/- carries interest@ 12% per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.  .

Exts:

A1- Print out receipt

PW1-Madhusoodhanan .P.K- P.A holder of  complainant.

Sd/                                                             Sd/                                                   Sd/  

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva                                                  

                                                                /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR