D.O.F:08/06/2022
D.O.O:20/01/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.117/2022
Dated this, the 20th day of January 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Varghese Mathew
S/o Mathew,
Kumbampadath, Karinalam, : Complainant
Kasaragod, Keralam 671314
And
The Manager,
M/s Sangeerth TVS,
PO Chengala, : Opposite Party
Kasaragod
(Advs. Roopa.K & Priya.A.K)
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of this case is that the complainant booked an auto rickshaw from opposite party. For the purchase he availed vehicle loan from Maharashtra Bank, Kasaragod Branch. The complainant has transferred the price of auto rickshaw Rs.2,00,512/- to the account of opposite party on 19.04.2022. The opposite party offered to deliver the vehicle within one week, but so far the auto rickshaw is not delivered to the complainant. The repayment of the loan started and the Union Bank informed the complainant that if the loan is not repaid in time the complainant will loose the CIBIL Score. Due to the deficiency in service on the part of opposite party the complainant undergone untold miseries hence the complainant is seeking an order against opposite party for delivery of the vehicle with compensation and cost for the inordinate delay.
Even though vakalath is filed for opposite party, no version filed thereafter.
The complainant filed proof affidavit in lieu of chief examination, documents produced are marked as Ext.A1 and A2. Heard the complainant, the questions raised for consideration are
- Whether there is deficiency in service on the part of opposite party/
- Whether the complainant is entitled or relief?
- If so what is the relief?
For convenience the question1,2, and 3 can be discussed together.
Here the complainant booked an autorickshaw and arranged vehicle loan from Maharashtra Bank Kasaragod Branch. The opposite party offered delivery of the vehicle within one week of transferring the entire amount of vehicle. The complainant has transferred entire amount on 19.04.2022. But so far the vehicle is not delivered. Ext.A1 is the receipt issued by opposite party on 25.04.2022 for Rs.55,000/- Ext.A2 is the letter issued by Union Bank that the sanctioning of the vehicle loan of Rs.2,00,000/- to the complainant and transferred Rs.2,00,512/- to the account of opposite party. As the vehicle was not delivered to the complainant as offered by the opposite party he could not repay the vehicle loan. The Union Bank of India informed the complainant that he will loose the CIBIL Score if the vehicle loan is not paid in time. The negligence on the part of opposite party caused huge loss and mental agony to the complainant. The complainant is entitled for relief. As per Ext.A1 and A2 the complainant arranged vehicle loan from Union bank of India and paid the price of the vehicle. In the absence of rebuttal evidence this commission hold that there is unfair trade practice and deficiency in service on the part of Opposite party. The complainant’s prayer is to direct opposite party to deliver the autorickshaw with compensation and cost.
Considering the circumstances of this case and the documents and chief affidavit filed by the complainant we holds that an amount of Rs.1,00,000/- is a reasonable compensation in this case with delivery of the vehicle.
Therefore the complaint is allowed directing opposite party to deliver the auto rickshaw or to refund the entire prize amount of Rs.2,00,512/- (Rupees Two Lakh Five Hundred and Twelve Only) with interest at the rate of 8% per annum from 08.06.2022 the date of complaint to the date of payment. The opposite party is also directed to pay a compensation of Rs.1,00,000/-(Rupees One Lakh only) along with a cost of Rs.5,000/- (Rupees Five Thousand Only) within 30 days from the date of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: Receipt issued by the Opposite party
A2: Letter issued by Union Bank
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
