BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 31^st day of October 2017

Filed on : 20-01-2017

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.30/2017

Between

Valli Ganesh, : Complainant

W/o. Ganesh R, ( By Adv. Arun Prasanth C,)

House No. 47/463, 2^nd floor, Manavalan Buildings,

Thamarassery Road, Amulya Street, Ernakulam North P.O.

Poonithura P.O., Pin-682 018)

Ernakulam-682 038.

And

1. The General Manager, : Opposite parties

Popular -NEXA, Bldg. (1^st o.p. ByAdv. Lal K. Joseph,

No. 32/1663 D, Opp. M/s. Sheriff AssociatesLLP, 66/3358,

Eranakulam Kolliyil Buildings, Near Mullassery

Medical Centre Hospital, Canal, Chittoor road, Kochi-682 011)

NH 47, Byepass, Palarivattom,

Cochin-682 025.

2. Peter Ipe, Regional Office,

Maruti Suzuki India Ltd.,

2^nd floor, tutus Tower,

NH Bypass, Padivattom,

Cochin-682 024.

O R D E R

Cherian K. Kuriakose, President.

Complainant's case

2. The complainant purchased a Maruti Baleno Petrol car from the 1^st opposite party M/s. Popular vehicle on 28-01-2016 as per invoice No. 15000457. She paid an advance of Rs. 11,000/- on 02-11-2015 and availed a loan of Rs. 5,50,000/- from her employer to buy the car. As there was no response from the opposite party she had sent an e-mail to the opposite party as the complainant failed to submit the registration certificate, copy of insurance and other related documents promptly, her employer charged a penal interest of Rs. 16,654/- from her salary. She had given a copy of her pay slip and requested the opposite party to reimburse the penal interest charged by her employer. The complainant seeks reimbursement of the penal interest from the 1^st opposite party dealer. Hence the complaint.

3. Notice was issued to the opposite party. The opposite party appeared and resisted the complaint by filing a version contending inter-alia as follows:

4. The complainant is not a consumer within the meaning of Section 2 (1) (d) of the Consumer Protection Act. The complainant had paid an advance of Rs. 11,000/- on 2-11-15 and Rs. 5,500/- was paid through the bank on 15-12-16. But she failed to pay Rs. 1,29,299/- being the balance amount of the cost of the vehicle and the statutory remittance like tax insurance etc. As per the request of the complainant the opposite party had granted a discount of Rs. 18,415/- . The 1^st opposite party is not bound to sell the vehicle to the complainant without making the entire payment. At the time of booking the vehicle, the complainant was informed that there would be a waiting period of 2 months to deliver the vehicle and also the details regarding the payment. On getting an e-mail communication on 08-01-2016 one of the officers of the opposite party had personally contacted the complainant and convinced her about the faulcity of her stand. The attempt of the complainant is to pressurize the opposite party to heed to her illegal demand and she had approached this Forum with ulterior motives the complaint is sought to be dismissed.

5. Following issues were settled for consideration.

1. Whether the complainant had proved that there was any deficiency in service on the part of the opposite parties as alleged in the complaint?

2. Reliefs and costs.

6. The evidence in this case consists of the Exbts. A1 to A6 documents without any oral evidence. The opposite party marked Exbts. B1 to B6 documents

7. Heard.

8. . Issue No. i. The complainant had purchased the Maruti car from the opposite party and her grievances is that there was delay in handing over the vehicle and therefore she had to pay penal interest to her employer from whom she had taken a loan of Rs. 5,50,000/-. As the vehicle was delivered late she had to pay Rs. 16,654/- by way of penal interest. She seeks the reimbursement of the said amount from the dealer through this complaint. The complainant did not make the employer a party to the complaint .

9. Exbt. A1 is the tax invoice dated 28-1-16 for having purchased the car . The vehicle was booked in the month of November and the opposite party had intimated the complainant that the estimated waiting period would be two months. The complainant produced Exbt. A4 pay details, whrein penal interest of vehicle loan instalment is Rs. 16,654/-. She had not been brought to in the notice of any documents wherein the opposite parties were bound to deliver the vehicle to the complainant within a period of two months. When a vehicle is booked only a tentative delivery time along would promise by the dealer. There may be various circumstances under which a vehicle could not have been delivered to the customer within the approximate date of delivery intimated earlier. Unless and until the complainant proved that there was delay in delivery due to the deliberate act or omission on the part of the opposite parties, we are unable to find any sort of deficiency in side on the part of the opposite parties. The issue is therefore found against the complainant.

10. Issue No. ii. Having found issue no. i against the complainant, we find that the complaint is liable to be dismissed and is accordingly dismissed.

Pronounced in the open Forum on this the 31^st day of October 2017

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent.

Appendix

Complainant's Exhibits

Exbt. A1 :True copy of tax/vehicle invoice

dt.28-01-2016

A2 : True copy of email dt. 09-12-2015

A3 : True copy of letter dt. 08-12-2016

A4 : True copy of payslip dt. January 2016

A5 : True copy of letter

A6 : True copy of Bank receipt voucher

Opposite party's exhibits:

Exbt. B1 : Booking requisition form

B2 : Temporary receipt dt. 02-11-2015

A3 : Bank receipt voucher

A4 : Bank receipt voucher

A5 : Copy of letter dt. 02-02-2016

A6 : Copy of customer settlement sheet

Copy of order despatched on :

By Post: By Hand: