CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 29th day of June, 2015
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing : 17/03/2015
CC /32/2015
Muhammadali,
S/o.Moideen, Anu Manzil,
Kottepadam, Kollengode, : Complainant
Palakkad.
(By Adv.K.Sujeesh)
Vs
1 Manager,
M/s.BRD Car World Limited,
BRD Complex, N.H.Bye Pass, : Opposite parties
Konikkara P.O, Thrissur.
2. Manager,
BRD Car World Limited,
MSM Park, Opp.Sivaramapark,
Near Priyadarsini Bus Stand,
Thrissur Road, Vadakkanchery
O R D E R
By Smt. Suma. K.P, Member,
The complainant is working as Additional Sub Inspector at the Circle Inspector’s office of Nemmara Police Station. On 05/02/2014 the sales executive named Rajesh of the 2nd opposite party’s office contacted the complainant and intimated him that there is an offer of Rs.15,000/- for Maruthi Ertiga 2d1 and not only that there was an exchange offer of Rs.10,000/- for the old Maruthi Alto Car. Inspired by his assurances the complainant on 06/02/2014 paid an amount of Rs.10,000/- as advanced booking charges for the new Maruthi Ertiga 2d1 to the said Rajesh, who was the agent of the 1st opposite party institution. The opposite party had issued receipt for an amount of Rs.10,000/-. Later on 09/02/2014 the complainant entrusted the Maruthi Alto Car(KL.9.R.7945) to the said Rajesh for a consideration of Rs.88,000/- along with an exchange offer of Rs.10,000/-. On 26/02/2014 the said sales executive Rajesh of the 2nd opposite party informed the complainant over phone that if he could send the DD for the new Ertiga on the same day the vehicle will be delivered on 2014 February itself. According to the information the complainant approached South Malabar Gramin Bank, Kuzhalmannam branch where the complainant is holding an account and obtained a DD for an amount of Rs.8,59,882/- and entrusted the same DD to the sales executive Rajesh of the 2nd opposite party institution. Altogether the complainant had paid Rs.9,67,882/- for the new Maruthi Ertiga including the amount of his old Maruthi Alto Car.
Even if the opposite party had assured that the new vehicle will be delivered on 2014 February itself, they did not deliver the same. The complainant contacted the opposite party institution several times, but they could not even assure on which date they will be able to effect the delivery. Moreover since the complainant had exchange his old vehicle, he had to suffer much difficulties without having a vehicle. Due to the frequent interference from the complainant opposite party delivered the new vehicle 0n 17/03/2014. The complainant alleges that he had made the payment for the new vehicle by availing a vehicle loan from South Malabar Gramin Bank, Kuzhalmannam Branch. Since the opposite party had not delivered the vehicle in time the complainant had to pay an amount of Rs.22,500/- towards interest to the said bank. He states that it was only due to the deliberate negligence of the opposite parties that he had to pay such huge interest. He also states that the offer assured from the Maruthi company for an amount of Rs.15,000/- and Rs.1,500/- as a State Govt. employee was availed to the complainant only on June 2014 due to the several interference from the part of the complainant. The complainant alleges that opposite parties had committed deficiency of service by not delivering the vehicle in time which amounts to mental agony and inconveniences caused to him. The opposite parties are jointly and severally liable to compensate for the same. Thus the complainant had approached before the Forum seeking an order directing the opposite parties to pay an amount of Rs.22,500/- (Twenty two thousand five hundred only) paid towards interest by the complainant along with Rs.50,000/- (Rupees Fifty thousand only) as compensation for the mental agony and inconveniences caused to him and also for compensation of Rs.5,000/- (Rupees Five thousand only) for dragging the payment of offered amount of Rs.16,500/- (Rupees Sixteen thousand five hundred only) offered by the Maruthi company.
Complaint was admitted and the notice was issued to the opposite party for appearance. Inspite of accepting the notice opposite parties failed to appear before the Forum. Hence they were called absent and set exparte.
The complainant filed chief affidavit along with documents. Ext.A1-A3 was marked.
Matter was heard.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
parties?
2. If so, what are the reliefs and cost?
ISSUES 1 & 2
We have perused the documents produced before the Forum. From Ext.A2 it is evident that the complainant had made the whole payment on 26/02/2014 and from Ext.A3 it is clear that the vehicle was delivered to the complainant only on 17/03/2014. Since the opposite party remained exparte, and there is no other contradictory evidence to disprove the case of the complainant, we are inclined to allow the complaint. The complainant had not produced any evidence to the effect that he had paid Rs.22,500/-(Rupees Twenty two thousand five hundred only) as interest from 26/02/2014 till 17/03/2014. He had also not produced any evidence to the effect that he had suffered inconveniences due to the lack of the vehicle. In the above circumstances, we direct the opposite parties jointly and severally to pay an amount of Rs.1,000/- (Rupees One thousand only) to the complainant as compensation for the mental agony suffered along with Rs.500/-(Rupees Five hundred only) as cost of this proceedings. The aforesaid amount shall be paid within one month from the date of receipt of this order failing which complainant is entitled to get 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29th day of June, 2015.
Sd/-
Smt. Shiny.P.R
President
Sd/- Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- Receipt of Rs.10,000/- of BRD CAR World Ltd. dtd.06/02/2014 in the name of complainant for advance booking of Maruthi Ertiga 2d1 (Photocopy)
Ext.A2- Photocopy of receipt of Rs.8,59,882/- dtd.26/02/2014
Ext.A3 – Ledger account 01/04/2012 to 17/03/2014 (Photocopy)
Exhibits marked on the side of opposite party
Nil
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
Rs.500/- as cost.
