SMT. G. VASANTHAKUMARI, PRESIDENT.
Complainant’s case is that the complainant went to the office of the first opp.party on 24.10.08 and placed order for a TATA INDICA Car of August 2008 model of red colour and the first opp.party in the presence of 3rd opp.party agreed for that and on the same day the complainant paid an advance amount of Rs.1000/-, that as per the agreement the complainant went to the office of the first opp.party on 4.11.2008 to take the delivery of the vehicle and by night the vehicle get delivered and paid Rs.3,32,142/- towards the value of the vehicle including the temporary registration and insurance of the vehicle, that after registration the complainant came to know that the vehicle delivered to him was that of 2007 August model and not of 2008 August model, that on enquiry he came to know that it is a second hand vehicle and it was 1st delivered to one Omanaamma, Prasanthi, Chakkuvarakkal.P.O., Kollam Dist. and the vehicle booked by the complainant was delivered to another person, that in the records it is mentioned that the vehicle was that of 2008 model , that it is an unfair trade practice and hence this complaint to direct the opp.parties to take the old model vehicle issued to the complainant and to issue another vehicle as per the agreement on 24.10.2008, to direct the opp.parties to pay Rs.50,000/- as compensation and to allow cost of the proceedings
Opp.parties filed version contending that, on 24.10.2008 the complainant approached the opp.parties requesting them to provide him with a new 2007 model TATA INDICA DLS Car so that he could get the depreciation benefit and cash discount offered by the dealers on such vehicles and accordingly a Cavern Grey 2007 model new car was delivered to the complainant with a cash discount of Rs.40,000/- , that the complainant after being fully satisfied of the make, condition and model of the delivered vehicle executed a satisfaction note in this regard , that there is no deficiency in service on the part of the opp.parties and the complaint is only to be dismissed with costs
Points that would arise for consideration is are
1. Whether there is deficiency in service on the part of the opp.parties as alleged ?
2. Reliefs and cost?
For the complainant PW.1 was examined and marked Exts. P1 to P10
For the opp.parties no oral evidence but only documentary evidence Ext. D1 to D3
THE POINTS
It is the admitted case of the parties that the complainant went to the office of the 1st opp.party on 24.10.2008 and placed an order form for purchasing a Tata Indica car. Ext. P4 is the photocopy of order form dated 24.10.2008 , Ext. D3 is also a photocopy of order form dated 24.10.2008. As per Ext. P4 and D3 Rs. 1000/-seen paid on 24.10.2008 itself by the complainant.. In Ext.P4 booking details is shown as India DLS E1 Red . But in Ext. D3 booking details is shown as India DLS D1 [2007 model] Cavern Grey . So also in Ext. P4 it is seen written as “cash discount Rs.22,000/- +extented warranty …….” but in Ext. D3 cash discount Rs. 40,000/- is mentioned It is also the admitted case of the complainant that on 4.11.2008 he went to the office of the 1st opp.party and took delivery of the vehicle and paid Rs. 3,32, 142/- towards the value of the vehicle including the temporary registration and the insurance of the vehicle . But his case is that after registration he came to know that the vehicle delivered to him was that of 2007 August model and not of 2008 August model and came to know that it is a second hand vehicle which was 1st delivered to one Omanaamma, Prasanthi, Chakkuvarakal.P.O. Kollam Dist and the vehicle booked by the complainant was delivered to another person .Complainant was Examined as PW.1, Here the opp.parties case is that the complainant approached them to provide a new 2007 model Tata Indica DLS car so that he could get the depreciation benefit and cash discount offered by the dealers on such vehicles and accordingly a Cavern grey 2007 model new car was delivered to the complainant with a cash discount of Rs. 40,000/- and the complainant after being fully satisfied of the make, condition and model of the delivered vehicle executed Ext. D1 Satisfaction note in this regard and there is no deficiency in service. Deviating from the allegations in the complaint, Complainant as PW.1 would swear before the forum that ImÀ \ÂIn-b-t¸mÄ 22,000/þ cq] discount X¶n-cp¶p . Even though in Ext. P4 cash discount is mentioned as Rs.22,000/- in Ext. D3 which is produced along with the version cash discount is mentioned as Rs.40,000/- Ext. D1 is satisfactory note executed by the complainant in favour of the opp.parties which reads as : “I have purchased a 2007 model Indica DLS Bearing Chassis NO.600142HSZPB5830 and I received a cheque for Rs.5000/- [Five thousand only] as the cancellation charge for his sumo Victa Booking in the name of Mr. Sabu Ali Hassan bearing cheque No. 637479 dated 12.1.2009 of Indian Bank] Now I am fully satisfied with the vehicle sales and service of Kulathunkal Motors.” It is seen signed by the complainant on 12.1.2009. In box he has denied the execution of Ext. D1. But his signature in Ext. D1 tallys with his admitted signature in the complaint, deposition etc. . So his case that he has not executed Ext. D1 is only to be discarded. It follows that after accepting a cash discount of Rs.40,000/- for the vehicle manufactured in the year 2007 and after executing satisfaction note in favour of the opp.parties the complainant approached this forum with unclean hands alleging unfair trade practice on the part of the opp.parties for wrongful gain from the opp.parties and it is only to be dismissed.
In the result, the complaint is dismissed. But no order as to cost.
Dated this the 30th day of November, 2012.
I N D E X
List of witnesses for the complainant
PW.1. – Abdul Latheef
List of documents for the complainant
P1. – Insurance certificate dt. 3.11.2008
P2. – Copy of Owner’s Manual and Service Book
P3. - Receipt dt. 3.4.2009
P4. - Order Form. -
P5. – Copy of Advocate Notice
P6. – Reply notice
P7. – Proforma Invoice
P8. – Tax Invoice
P9. – Copy of Registration Certificate
P10. – Tax Receipt
List of witnesses for the opp.parties NIL
List of documents for the opp,.parties –
D1. – Satisfaction note
D2. – Letter send by opp.party to the complainant
D3. – Copy of order Form
