DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 28^th day of March 2011

Present : Smt.Seena H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member Date of filing: 28/9/2010

(C.C.No.119/2010)

Muhammed Kutty

S/o.Hamsakutty

Mappattukara

Kulukallur

Ottapalam, Palakkad - Complainant

(Party in person)

V/s

The Manager

A.M.Motors

A.M.Motors

Pattambi, Palakkad - Opposite party

(By Adv.Shihab Mecheri)

O R D E R

By Smt.SEENA.H, PRESIDENT

Complaint in brief :

Complainant has booked a car with the opposite party in exchange of his old Ambassador car. Company agreed to take the vehicle for Rs.40,000/- and it was entrusted to opposite party. Later opposite party informed that they have sold the vehicle for Rs.33,000/- Amount was kept with the opposite party. Complainant again paid an amount of Rs.54,000/- to opposite party from his pocket. As the loan applied was not sanctioned, complainant was compelled to cancel the booking. Out of the total amount of Rs.87,000/- opposite party refunded Rs.77,000/-. Opposite party is delaying payment of balance amount of Rs.10,000/- stating lame excuses. Hence complaint is filed for the refund of the amount of Rs.10,000/- along with compensation of Rs.25,000/-.

Opposite party filed version contending the following :

Opposite party admits the transaction between the complainant and opposite party. It is stated that Rs.33,000/- stated was including a consumer offer of Rs.10,000/- for exchange of old vehicle. The actual price of the vehicle is Rs.23,000/- Payment of Rs.54,000/- is admitted by the opposite party. Hence the total payment is only Rs.77,000/-. Moreover the complainant is not entitled for the exchange offer since he has cancelled the booking. Cancellation has caused monitory loss to the opposite party. Opposite party has refunded the said Rs.77,000/- to the complainant and hence complaint is liable to be dismissed.

The evidence led by the complainant consists of his affidavits and Ext.A1. Opposite party filed affidavit. Ext.B1 to B5 marked.

Now the issues to be considered are

1. Whether there is any deficiency in service on the part of the opposite party ?

2. If so, what is the relief and cost complainant is entitled to ?

Issue 1 & 2

Heard both parties and has gone through the evidence on record.

The definite case of the complainant is that complainant has agreed to transfer his old Ambassador car for a new one with the opposite party. Opposite party has sold the old car of the complainant for Rs.33,000/- and also the complainant has paid an amount of Rs.54,000/- to opposite party. Later complainant cancelled the booking. Opposite party refunded only Rs.77,000/- An amount of Rs.10,000/- is due to complainant.

According to opposite party, Rs.33,000/- is including the exchange offer. The vehicle was sold for Rs.23,000/- Opposite party has returned the said Rs.23,000/- along with Rs.54,000/- already paid by the complainant.

The sole issue is with respect to the payment of Rs.10,000/- According to opposite party, the vehicle was sold for Rs.23,000/- but complainant submits that it was sold for Rs.33,000/- Complainant has produced copy of the sale agreement wherein it is seen that the vehicle of the complainant was agreed to be sold for Rs.33,500/- Hence the contention of the opposite party that the Rs.33,000/-include the exchange offer of Rs.10,000/- is without any bonafides. Ext.A1 clearly reveals that the vehicle was sold for Rs.33,000/- On the other hand none of the documents produced by the opposite party shows exactly the sale price of complainant's old car. It is admitted that the opposite party himself has sold the vehicle. If that be so, definitely opposite party will be in possession of the document showing exact sale price. Nothing has been produced before the Forum.

In view of the above stated facts and circumstances of the case, we allow the complaint. Opposite party is directed to pay complainant an amount of Rs.10,000/- along with Rs.2000/- as compensation within one month from the date of receipt of order failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.

Pronounced in the open court on this the 28^th day of March 2011.

Sd/-

Seena H

President

Sd/-

Preetha G Nair

Member

Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Copy of Vehicle Sale Agreement

Exhibits marked on the side of the opposite party

Ext.B1 – Receipt dated 24/8/09 of A.M.Motors

Ext.B2 – Copy of e-mail send by R.Suresh Babu, Territory Sales Manager /

Regional Office, Kerala, Maruti Suzuki India Ltd.

Ext.B3 – Refund Slip dated dt.1/4/2010 of AM Motors

Ext.B4 – Copy of vehicle bought report and price list of vehicles

Ext.B5 – Copy of list of awards and achievements

Cost

No cost allowed