Date of filing   :  09-09-2008

                                                                                    Date of order   :26-09-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                            CC163/08

                                    Dated this, the 26th day of September 2009

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

Latha.V.V, Principal,

Azeeziya English Medium School,

North Chithari, Chithari.Po, Pallikkara,                  } Complainant

Kasaragod.Dt.

(Adv.C.Shukkur, Kanhangad)

1. Manoj.T.J, Sales Executive,

    Monal Motors, Chalingal Junction,                     } Opposite parties

    Periya, Kanhangad.

2. Manager, Monal Motors,

    N.H.17, Thottada.Po, Kannur 670007.

(Adv. Rajesh.M, Kannur)

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

In brief,

            The case of the complainant is that as against their order for a 22+1 seater school bus the opposite parties supplied a 20+1 seater bus that caused financial loss to the management of the school.  Alleging unfair trade practice complainant filed this complaint claiming  compensation.

2.            Opposite party admitted that the order was for a 22+1 seater school bus.  But the 21 seater bus was supplied, considering the safety measures and also to meet the standard safety condition that the seat near the front door is being built facing the reverse of the vehicle so that the person sitting in the said seat would not be dashed forward when sudden break is applied.  So when seating arrangement is changed accordingly there was change in number of seats.  Opposite parties further stated that they are ready to provide 22+1 seats in the bus on the extra cost and the registration approval thereon would be getting from the department.

3.            Complainant filed affidavit and Exts A1 & A2 marked.  For opposite parties Shri.M.K. Prashob Manager of Monal Motors filed affidavit.

4.         The case of the opposite party is that the number of seats were changed from 22+1 to 20+1 in view of the safety measures and to meet safety condition.  But whether the said safety measures were prevailing at the time of accepting the order from the complainant and whether the said fact was intimated to the complainant at the time of receiving the order is nowhere stated in the version.  After receiving an order for a 22+1 seater bus supplying a bus having less number of seats is an unfair trade practice.

5.            However, in view of the submission of the opposite parties that they are ready to provide  22+1 seats in the bus already supplied on the extra cost  and on the registration approval  there  on would be getting from the department we pass the  following order.

            Opposite parties shall make necessary arrangements to increase the seating capacity of the vehicle provided to the complainant as per the order of booking of the complainant at the cost of opposite parties. The process to get approval for the same from the registering authority shall also be done by the opposite party.   Opposite party also directed to pay Rs.2000/- towards the cost of these proceedings. Time for compliance of this order is 3 months from the date of receipt of copy of this order.  Failing which the opposite parties shall pay a sum of Rs.25,000/- to the complainant as compensation.

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. Photocopy of order form Dt.11-07-08.

A2.  Photocopy of Sale Certificate Dt.06-08-08.

DW1. Prashob

MEMBER                                           MEMBER                                           PRESIDENT

Pj/