By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for the non delivery of the power tiller as assured by the opposite party.
2. The complainant is a power tiller worker who aspired for the purchase of power tiller and remitted Rs.1,00,000/- on 15.07.2011 in the office of the opposite party. At the time of purchase the price of the power tiller according to opposite party was Rs.1,24,261/- and the complainant had given a Demand Draft of Rs.1,00,000/- and at the time of giving the Demand Draft opposite party assured that the tiller would be delivered within 4 days. At the time of delivery the balance of Rs.25,000/- was to be given.
3. The complainant approached the opposite party in different occasions. The sole purpose of purchasing tiller was to cut through the livelihood and if the tiller delivered to him as assured by the opposite party he would have received the subsidy of Rs.50,000/-. The agricultural officer assured the complainant that if the bill related to the delivery and the purchase of the vehicle was produced before them on or before 30.09.2011 the subsidy liable from the agricultural department would have been received. Any how due to the irresponsible attitude of the opposite party the complainant lost the subsidy and the vehicle was not delivered to him. The complainant is a cooli worker who desired for the purchase of a power tiller, in support of the subsidy could not be fulfilled. There may be an order directing the opposite party to give the complainant compensation of Rs.1,00,000/- along with an order to deliver either the power tiller or refund the amount deposited for the purchase of the same.
4. The opposite party filed version in short it is as follows:- The complainant came to the office of the opposite party for the enquiry on the expenditure on the purchase of the VST Mitsubishi 12 HP power tiller and its accessories. The opposite party had given a quotation of Rs.1,24,261/- on 15.07.2011. The complainant entrusted the opposite party the Demand Draft of Rs.1,00,000/- and the receipt of the amount was issued to the office of the Kerala State Backward Development Corporation Meenangadi No.4184. At the time of accepting Demand Draft it was assured that the power tiller would be given to the complainant within one month. Whereas the power tiller was ready for delivery in the office of the opposite party within 6 days and it was also informed to the complainant by post and phone.
5. The complainant has to remit Rs.24,261/- as balance amount towards the price of the power tiller. The information conveyed in that tune was not responded by the complainant so far. The allegation of the complainant is absolutely baseless it is also resulted by the negative attitude when the opposite opposite party was not ready to stand in ally with the complainant to give Rs.1,00,000/- in cash instead of delivering the power tiller. The power tiller and the accessories arrived in the office of the opposite party on remittance of the entire amount. The balance amount due from the complainant is liable to be remitted along with interest to the opposite party. The opposite party was ready in all the time from 21.07.2011 onwards for the delivery of the power tiller. The lack of the interest on the side of the complainant not to purchase the vehicle resulted non delivery of the power tiller. The complainant is not based on any sufficient reasons. Hence it is to be dismissed with cost.
6. The Points in consideration:-
1. Is there any deficiency in service on the part of the opposite party in the non delivery of the power tiller booked?
2. Relief and Cost.
7. Points No.1 and 2 :- The evidence in this case consist of the proof affidavit of complainant and opposite party. Ext.A1 to A4 and B1 to B6 are the documents. The oral testimony of the complainant and opposite party are also considered.
8. The dispute in issue is in respect of the non delivery of the power tiller which wasbooked by complainant remitting Rs.1,00,000/- on 23.06.2011 as per Ext.A1. The balance amount liable to be paid at the time of delivery of vehicle was Rs.24,261/-. According to the opposite party the complaint itself is sprouted out from the hatred of the complainant to the opposite party for not standing in the way of giving Rs.1,00,000/- instead of delivering the power tiller. The complainant pledged gold ornaments and raised fund for the payment of the price amount of the power tiller and its accessories. Ext.B5 series 3 sheets are the copy of the letter sent to the complainant in different dates. Nothing is produced by the opposite party to establish the contention that the power tiller was ready for delivery within 6 days from the date of receipt of the Demand Draft of Rs.1,00,000/-. The only acknowledgment of post produced by the opposite party is dated 03.10.2011. It is strange on the part of the opposite party what hindered them intimating the complainant in black and white that they are ready with the vehicle and accessories for delivery. Ext.B6 the letter from the Principal Agricultural Officer, Wayanad to opposite party is only related to the amount of subsidy during the period 2011-12 and the scheme expires on 31.03.2012. The documents produced by the complainant also shows that the complainant was on his endeavor to get the subsidy granted by the agricultural department and he entered his name in the register of agricultural officer Pulpally on 23.06.2011 for the purpose of subsidy. The complainant has to meet the interest for the loan amount already availed. The letter from the Principal Agricultural Officer, Wayanad addressing opposite party ascertain that the subsidy scheme still exist. The non delivery of the power tiller and its accessories in time to the complainant is a deficiency in service and the points are found accordingly.
In the result the complaint is partly allowed. The opposite party is directed either to deliver the power tiller belonging to the category as booked within 10 days from the date of receipt of this Order on receiving the balance amount of Rs.24,261/- (Rupees Twenty Four Thousand Two Hundred and Sixty One Only) from the complainant. In the event of any failure from the part of the opposite party, the opposite party is directed to refund Rs.1,00,000/- (Rupees One Lakh Only) to the complainant to the account of District Manager, Kerala State Backward Class Development Corporation, Meenangadi towards the loan liability of the complainant along with interest. The complainant is also entitled for Rs.15,000/- (Rupees Fifteen Thousand Only) towards the cost and compensation. This is to be complied by the opposite party within 10 days from the date of receipt of this this Order so as to enable the complainant for the subsidy of the power tiller from the agricultural department.
Pronounced in Open Forum on this the day of 31st January 2012.
Date of Filing:02.09.2011.
