By Sri. Mohamed Ismayil.C.V, Member
The grievance of the complainant is as follows:-
1. The complainant decided to purchase a vehicle (KA-17 Z-3507 grey colour Maruti Van) of the first opposite party followed by watching an advertisement on the online platform of the second opposite party. The first opposite party informed the complainant that the vehicle was 2018 model and kept in Army Head Quarters situated at Bangalore Airport. According to the complainant, the first opposite party told that the complainant cannot enter in to the place where the vehicle was kept in custody. So in order to bring the vehicle outside a gate pass was mandatory. It is stated in the complainant that the first opposite party instructed to pay Rs. 3100/- through online to secure the gate pass and thereby to bring the vehicle outside from the Military Head Quarters. So the complainant paid the amount as demanded by the first opposite party. Later, the first opposite party again demanded to pay Rs. 13,000/- as the amount for insurance coverage of the vehicle. Then the complainant informed the first opposite party about his decision to withdraw from the purchase of the vehicle. According to the complainant, he paid Rs. 3100/- by way of phone pay to the A/c No. 04481061641, IFSC Code No.IPOS0000001 held by one Army Officer named Anees as per the instruction of first opposite party. The first opposite party agreed to repay the Rs. 3100/- to the complainant as he withdrawned from the decision of purchase of the vehicle. The first opposite party paid Rs. 10/- in the pretext that he was making sure of the Bank account of the complainant. But the balance amount of Rs. 3090/- was not received so far. According to the complainant, he became laughing stock in front of the public and suffered mental agony and hardship. It is contented by the complainant that the first opposite party might have plundered the people under the cover of Indian Army. The complainant also alleged that a big racket might have functioned by using the platform of second opposite party. So the complainant prayed to bring out the real facts of the above said incident and also prayed to order to get back Rs. 3090/- from the opposite parties. The complainant also prayed to get an direction to the opposite parties to pay Rs. 4,00,000/- as compensation for the sufferings of mental agony and hardship.
2. The complaint is admitted on file and issued notices to the opposite parties. The first opposite party received notice, but did not turn up and hence Commission set exparte him. The second opposite party also did not appeared and set exparte.
3. The complainant filed affidavit and documents before the Commission. The documents filed by the Commission marked as Ext. A1 to A6 documents. Ext. A1 document is the photocopy of photoes of the vehicle No. KA -17 Z – 3507. Ext. A2 document is the copies of the Aadhar card, Pan card and Registration certificate of vehicle No. KA-17 Z-3507. Ext. A3 document is the copy of photographs. Ext. A4 document is copy of a photograph showing as Army Head Quarters Canteen. Ext. A5 is the copy of the screen shot of the bank details of one Anees. Ext.A6 document is the copy of delivery note showing the details of the vehicle.
4. Heard the complainant. Perused documents and affidavit. The points arisen for the consideration of the Commission are as follows:-
- Is there any deficiency of service or unfair trade practice on the part of the opposite parties?
- Relief and costs?
5. The complainant stated that the first opposite party collected Rs. 3100/- from him for availing gate pass to bring out the vehicle No. KA -17 Z- 3507 kept inside the Army Head quarters. According to the complainant, he decided to purchase the above said vehicle after noticing the advertisement on the online platform of the second opposite party. The complainant produced Ext.A1 and A2 documents to prove the advertisement of the vehicle. The complainant also produced Ext.A3 and A4 documents to show the alleged transaction with the opposite parties. Ext.A6 document produced by the complainant also shows the details of vehicle. Ext.A5 document is the account details in which the complainant made payment of Rs. 3100/-. Subsequently the first opposite party demanded Rs. 13,000/- from the complainant in the pretext of payment of insurance coverage of the vehicle. At this stage, the complainant withdrawned from the purchase of above said vehicle and demanded to refund the amount of Rs. 3100/- paid for the gate pass of the vehicle. It is contended by the complainant that the first opposite party was cheating public by illegally using the address of Indian army. The first opposite party refunded only Rs. 10/- instead of Rs. 3100/-. There is no contra evidence available in this case. The contention raised by the complainant is supported by the affidavit and Ext. A1 to A6 documents. The complaint stands proved and Commission allows the complaint as follows:-
- The opposite parties are directed to refund Rs. 3090/-(Rupees Three thousand and ninety only) to the complainant as the amount collected for gate pass of the vehicle.
- The opposite parties are directed to pay Rs. 10,000/-(Rupees Ten thousand only) to the complainant as compensation for the sufferings of the mental agony and hard ship due to the act of opposite parties.
- The opposite parties are also directed to pay Rs. 3,000/-(Rupees Three thousand only) to the complainant as the cost of proceedings.
The Commission need not of consider the huge claim for compensation on the part of the complainant. Considering the nature of allegation, the complainant can approach before proper authority for further action against the opposite parties.
The opposite parties shall comply this order within 30 days from the date of receipt of this order failing which the entire amount shall carry 9% of interest from the date of order till realisation.
Dated this 6th day December, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A6
Ext. A1 : Document is the copy of photos of the vehicle No. KA -17 Z – 3507.
Ext.A2 : Document is the copies of the Aadhar card, Pan card and Registration
certificate of vehicle No. KA-17 Z-3507.
Ext. A3: Document is the copy of photographs.
Ext. A4: Document is copy of a photograph showing as Army Head Quarters Canteen. Ext. A5 : Copy of the screen shot of the bank details of one Anees.
Ext.A6 : Document is the copy of delivery note showing the details of the vehicle.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
