R.Vijayakumar, Member
This complaint is filed for getting Activa Two Wheeler at the rate prevailed in the year 2010 or otherwise compensation Rs.10000/-from the opposite party.
Briefly stated facts of the complaint is that on 08/07/2010 the complainant had booked for an Activa Two Wheeler vehicle remitting Rs.1000/- as advance amount. The opposite party agreed to deliver the vehicle within 3 months from the date of booking. After the expiry of 3 months the complainant contacted every month to the opposite party but nothing was happened other than extending the date of delivery. On enquiry the complainant came to know that the vehicle which was delivered to the opposite party’s office in favour of the complainant was sold to some one else for a higher amount. The opposite party had delivered Activa Two wheeler to every person who had remitted booking charges Rs.1000/- after 08/07/2010. On 03/05/2012, the complainant applied for the details of delivery as per the provisions of Right to Information Act. But no reply was sent by the opposite party. The deposit amount was not refunded. The vehicle was not delivered. Hence the complainant filed this complaint for getting relief.
Even though sufficient opportunity has been given, the opposite party remained absent. Hence set exparte. The complainant filed affidavit. He was examined as PW1.Exts.P1 to P3 marked.
Since the opposite party remained absent, we are constrained to relay upon the evidence adduced by the complainant We have perused all the documents adduced by the complaint in detail. It is evident from Ext.P1 that the complainant had remitted Rs.1000/- in the opposite party’s office on 08/07/2010 towards the deposit of purchasing Activa DLX vehicle. Ext.P2 is the copy of application submitted before the Managing Partner (Sub Dealer) of opposite party.
On perusal of the documents produced by the complainant, we find that there is deficiency in service from the part of opposite party. The points found accordingly.
(3)
In the result, the complaint is allowed, directing the opposite party to deliver the booked vehicle at the rate prevailed on 08/10/2010 forth with. The opposite party is further directed to pay Rs.3000/- as compensation for mental agony and Rs.500/- as cost.
The order is to be complied with within one month from the date of receipt of the order.
Dated this the 26th day of September 2012.
INDEX
List of documents produced by the complainant
P1 - the complainant paid Rs.1000/- to the opposite party on 08/07/2010
P2 - Copy of application
P3 - Postal order
