Date of filing : 15-02-2012
Date of order ; 30-07-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.36/2012
Dated this, the 30th day of July 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
P.Kumaran, S/o.Kunhiraman Nair.M, } Complainant
Molothumkuzhi veedu, Balla.Po,
Kasaragod.Dt.
(Adv.M.Narayanan, Hosdurg).
1. Managing Director, } Opposite parties
K.V.R. Dream Vehicles Pvt.Ltd,
Chirakkuthaze, Po.Keezhunna,
Thottada, Kannur. 670007.
2. Branch Manager,
K.V.R. Dream Vehicles Pvt.Ltd,
Kanhangad South, Po. Kanhangad South,
Kasaragod.Dt.
( Ops 1 & 2 Adv.K.A.Lalan, Kasaragod)
O R D E R
SRI.K.G.BEENA, MEMBER
The brief facts of the case of the complainant is that he booked a ‘TATA SUMO VICTA Ex Red colour vehicle by paying `10,000/- with a condition that incase of cancellation of the booking advance amount to be refunded after 2 weeks from the date of cancelling. Complainant booked the vehicle expecting an amount from his close relative. Unfortunately the amount was not received in time. So he approached opposite party No.2 for cancellation of booking and refund of money. Legal notice is sent by the complainant demanding refund of advance. But opposite party was not heeded by the request of the complainant.
2. According to opposite parties advance amount of `10,000/- is the fare minimum expense required for booking and the complainant had never stated anything regarding his financial position as stated in the complaint. He had made all arrangements with his financier to dispense the amount of `4,95,000/- to opposite parties. Opposite parties had remitted `6,63,380/- to the manufacturer and transported the vehicle from Pune to Kannur and thereby incurred an expense of `10,000/- towards transport charges. The amount of `10,000/- was forfeited towards the expenses incurred for opposite parties for transporting the vehicle and also the handling charges. There is no merit or bonafides in the complaint.
3. Complainant filed proof affidavit. Exts.A1 to A4 marked. As opposite parties had no oral evidence. Ext.B1 marked. Both sides heard and documents perused.
4. After considering complaint, version and materials on record, the only point arises for consideration is:
Whether opposite parties are liable to refund the advance booking amount?
5. Complainant deposed before the Forum that he booked ‘TATA SUMO VICTA EX RED’. Complainant booked the vehicle expecting financial help from his relatives. But they failed to provide funds to purchase the vehicle as offered by them. Hence complainant cancelled the booking and asked for refund of advance. Complainant sent a lawyer notice. Ext.A2 demanding refund of advance for which opposite parties expressed their inability by sending Ext.A4 reply stating that opposite parties had booked the vehicle paying entire amount to the company. At the time of booking of the vehicle opposite parties were convinced by the complainant that he had already applied for a loan from Mahindra & Mahindra Finance and they have agreed to grant loan to the complainant to the limit of `4,95,000/-. Opposite parties 1 & 2 produced Ext.B1 to prove the aforesaid fact. As per Ext.B1 Mahindra & Mahindra Finance sanctioned an amount of `4,95,000/- on 26-08-2011 which was kept in suspense account on the request of the financier was returned on 01-10-2011.
6. Opposite parties 1 & 2 in their version stated that advance amount was forfeited towards the expenses incurred for opposite parties transporting the vehicle and also for handling charges. But no evidence was produced before the Forum to prove that contention. Ext.A1 receipt voucher is silent about the refunding of the amount incase of cancellation of booking. No evidence was produced before the Forum that opposite parties informed the complainant that the vehicle was ready for delivery and for 96 days opposite parties have with held the vehicle worth `6,63,388/- when the complainant failed to take delivery of the vehicle. ‘TATA SUMO’ have high demand and there is no chance of withholding the vehicle for 96 days. Cancellation after booking is very rare since usually persons will make sure about the ‘financial facility’ before booking the vehicle. Here the complainant was constrained to cancel the booking as he failed to raise sufficient money. Moreover he cancelled the booking within 3 months from booking. So cancellation of the vehicle might not have caused financial loss of `10,000/- to opposite parties. Opposite parties have no case that due to cancellation the vehicle is returned to manufacturer as there was no demand for that model.
7. Complainant deposed before the Forum that the price of the vehicle is 7 lakhs and he had applied for finance to the vehicle with M/s Mahindra Finance. He do not know whether the finance has sanctioned a loan of `4,95,000/-. He cancelled the booking because his relative failed to provide funds to purchase the vehicle as offered by him. He asked the expected date of delivery at the time of paying `10,000/- then it was told that he has to pay `2,25,000/- initially then only the delivery date will be informed. Here the complainant could not pay `2,25,000/- as informed by opposite parties. It is not possible to ascertain the expenses incurred by opposite parties for processing the application. Ofcourse they might have sold the vehicle to another purchaser. So retaining the entire amount of `10,000/- will be unreasonable and it amounts to unfair trade practice. We are of the view that `5000/- will be sufficient for the expenses incurred for the opposite parties.
In the result, complaint is allowed and opposite parties are directed to refund `5,000/- to the complainant within 30 days from the date of receipt of this order. Failing which interest @9% shall be charged on `5000/- from the date of complaint till payment. In the circumstances there is no order as to cost.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 20-08-11 Photocopy of Receipt voucher for an amount of 10,000/-
A2. 18-01-2012 copy of lawyer notice.
A3. Postal acknowledgement cards.
A4. Reply notice.
B1. Copy of E-mail.
PW1.P.Kumaran
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
