ADV. RAVISUSHA, MEMBER.
Brief of complainant’s case is that, he purchased an Autoriksha having Reg.No.KL 26A 9694 from the opp.party for Rs.95,250/-. In addition to the prize amount the opp.party realized Rs.49,380/- from the complainant in excess as per different bills. Opp.party is having no right to realize the excess amount Rs.49,380/- from the complainant. The act of realizing excess amounts from the complainant amounts to deficiency in service and unfair trade practice. Hence the complaint.
Points that would arise for consideration are:
1. Whether there is deficiency in service on the part of the opp.party
2. relief and cost.
POINTS 1 AND 2
Even after receiving the notice, the opp.party did not appear before the forum . Hence the opp.party was declared as exparte. Complainant filed chief affidavit and four documents. The documents were marked as Ext.P1 to P4. Heard the complainant As the opp.party did not adduce any evidence we are constrained to believe the complainant’s case. From the complaint, affidavit and document complainant proved his case. There is deficiency in service on the part of the opp.party. Hence the complainant is entitled to get relief.
In the result, complaint is allowed. Opp.party is directed to refund Rs.49,380/- with 12% interest to the complainant from 12.7.2010 till realization of amount . Opp.party is also directed to payRs.2500/- compensation and Rs.1000/- as cost to the proceedings. The order is to be complied with within one month from the date of receipt of the order. Failing which the refund amount will carry 18% from 12..7..2010 till payment.
Dated this the 30th day of November, 2012.
G. VASANTHAKUMARI :Sd/-
R. VIJAYAKUMAR :Sd/-
ADV. RAVI SUSHA :Sd/-
Forwarded/by Order,
SENIOR SUPERINTENDENT
I N D E X
List of witnesses for the complainant: NIL
List of documents for the complainant:
P1. – Invoice
P2. – Estimate dated 9..3..2010
P3. – Estimate dated 6.7.2010
P4. – Estimate Dated 10..7..2010
