Kerala

Thiruvananthapuram

CC/97/2022

S Subramonian - Complainant(s)

Versus

Manager,Attinkara bajaj Two Wheelers sales and service - Opp.Party(s)

23 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

       SRI.P.V.JAYARAJAN    : PRESIDENT

   SMT.PREETHA G NAIR: MEMBER

                                    SRI.VIJU.V.R        : MEMBER

 

CC.NO.97/2022 (Filed on : 11/03/2022)

ORDER DATED : 23/08/2022

 

COMPLAINANT

 

S.Subramaniyan,

Ayush, Navodhaya Lane,

Koovalassery,

Pongamoodu, Maranalloor – 695512

 

(Party in person)

 

                                                VS

 

OPPOSITE PARTY

 

The Manager,

Bajaj Two Wheeler Sales,

Attinkara Tai, T.B.Junction,

Neyyattinkara,

Thiruvananthapuram – 695 121

 

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1.           This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.           This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. Though the opposite party accepted the notice, the opposite party failed to appear before this commission on the date fixed for appearance. Hence on 19/04/2022 the opposite party was called absent and set exparte. The case of the complainant in short is that in the first week of January 2022 the complainant approached the opposite party for purchase of Bajaj Platinum 110 2 Wheeler with the financial assistance. The staff of the opposite party told the complainant that the Bajaj Finance is providing up to 95% loan for the purpose of two wheeler and also promised that all the process will be completed including the registration of the vehicle within 10 days. It is also informed that for the purchase of the said two wheeler, there is offer of Helmet as well as ladies handle at free of cost. It was also further informed that the first instalment of the loan amount will be Rs.11,990/-. At that time the complainant informed the opposite party with regard to his vehicle bearing Reg.No.KL 20 L 6943 A 2017 Model Honda Shine Two Wheeler for exchange. The machine of the opposite party examined the vehicle and offered the price of Rs.30,000/-. It is also informed that the first instalment will be deducted from the above referred Rs.30,000/- and the remaining Rs.18,000/- will be paid back at the time of handing over the new vehicle from the opposite party showroom. All the required documents were signed by the complainant from the opposite party’s showroom and those documents were handed over to the opposite party. Even after many days there was no response from the opposite party’s showroom and hence the complainant directly went to the showroom of the opposite party for enquiring with regard to the delivery of the vehicle. On several occasions the complainant went to the showroom of the opposite party and all those occasions the complainant was returned back by giving some vague and flimsy replies. Subsequently, it was informed that the loan was granted and as per the direction of the opposite party the complainant went to the showroom with his two wheeler which is proposed to be exchanged. Though the vehicle was not ready with opposite party for delivery, they insisted for the handing over of his old vehicle stating that the agreement as well as the balance amount after deducting first instalment will be given at the time when the agent of the vehicle take delivery of his old vehicle. But as the two wheeler is very essential for the day to day life of the complainant for the purpose of his occupation. At that time the opposite party insisted for handing over the vehicle and promised to give a two wheeler to the complainant as a stop gap arrangement. Unfortunately the vehicle provided to the complainant by the opposite party as a stop gap arrangement was not properly functioning and the same fell break down within few kilometers of usage. The complainant tried to inform these facts to the opposite party but there is no response from the opposite party. Though the opposite party offered 95% of the value of the vehicle as loan, at the time of delivery they have provided only 87.19% of loan. Further more from the exchange price of Rs.30,000/- they have reduced the amount to Rs.28,000/-. When the complainant approached the opposite party they have informed that the balance amount will be paid on the next day. In the promised ladies handle was also not handed over to the complainant along with the vehicle. When the complainant approached the opposite party as directed by the opposite party on the next day, the opposite party returned Rs.8000/- by google pay to the complainant and the promised lady’s handle as well as the helmet were also handed over to the complainant. The on road price of the vehicle has informed to the complainant was Rs.87,406/-. The loan amount sanctioned by Bajaj Finance was Rs.75,500/-.  The opposite party insisted the first instalment payment at the rate of Rs.20,000/- which is excess than the promised amount. According to the complainant the acts of the opposite party resulted in mental agony and financial loss by the complainant. Alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this commission for redressing his grievances.

3.           The evidence in this case consists of PW1 and Exs.P1 to P3 . The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

4.       Points for consideration

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Ordered as to cost.

5.           Heard perused records, and documents and affidavit. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P3 were produced and marked. Ext.P1 is the welcome letter received from Bajaj Finance. Ext.P2 is the receipt issued by the opposite party for an amount of Rs.28,000/- being the exchange price of model two wheeler exchanged by the complainant to the opposite party. Ext.P3 is the receipt for Rs.8000/- showing the refund amount. There is no contra evidence from the side of the opposite party, as the opposite party was declared exparte. By swearing an affidavit as PW1 and by producing Exts.P1 to P3 documents, we find that the complainant has succeeded in establishing his case against the opposite party. In the absence of any contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant. From the available evidence before this commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite party. It is also evident that due to the acts of the opposite party, the complainant suffered mental agony and financial loss. As the mental agony and financial loss was caused to the complainant due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions and in the absence of any contra evidence from the side of the opposite party, we find that this is a fit case to be allowed in favour of the complainant.

                   In the result, complaint is allowed. The opposite party is directed to pay a sum of Rs.25,000/- as compensation and Rs.2500/- being the  cost of the proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance or realization.

                 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                 Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 23^rd day of August 2022.

 

                                                                                     Sd/-

P.V.JAYARAJAN      : PRESIDENT

                                                                                        Sd/-

PREETHA.G.NAIR : MEMBER

                                                                Sd/-

VIJU.V.R    : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

Be/        

 

 

 

 

 

APPENDIX

CC.NO.97/2022

List of witness for the complainant

PW1                      - S.Subaramaniyan

List of Exhibits for the complainant

Ext.P1                   - copy of welcome letter received from Bajaj Finance.

 Ext.P2                  -  copy of receipt issued by the opposite party for an amount

                              of Rs.28,000/-

Ext.P3                   - Copy of  receipt for Rs.8000/-.

List of witness for the opposite party – NIL

List of Exhibits for the opposite party- NIL

Court Exhibits’                                  - NIL

 

 

 

 

                                                                                                       Sd/-

PRESIDENT