IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday the 31^st day of  May, 2016

Filed on 15.03.2016

Present

1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt.Jasmine.D. (Member)

in

C.C.No.81/2016

between

Complainant:-                                                                              Opposite Party:-

Sri. Pazhani                                                                             MGS Hyundai Show room

Anil Bhavan                                                                            Punnapra, Alappuzha

Mullackal, Alappuzha

O R D E R

SMT. ELIZABETH GEORGE (PRESIDENT)

            The case of the complainant is as follows:-

The complainant purchased a Motor car from the opposite party.  He paid Rs. 7,72,628/-towards the price of the vehicle.  He was also charged Rs.12,000/- towards logistics and handing charges.  Complainant came to know that logistic charges should not be levied and he approached the dealer to get the refund of the same.  But so far no steps were taken by the opposite party to refund the amount.  Alleging unfair trade practice, the complaint is filed.

             2.  Notice issued against the opposite party was served. But they did not turn up.  Hence opposite party was set ex-parte.

            3.  Complainant filed proof affidavit along with order booking form.  The document produced marked as Ext.A1.

     4.    The points came up for considerations are:- 

1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to get relief and cost?

               5. According to the complainant, he purchased a car for Rs.7,72,628/- from the opposite party.  He was also charged Rs.12,000/- towards handling charges.  Ext.A1 evidenced the same.  Even though he requested the opposite party to refund the handling charges it was rejected by the opposite party.  The affidavit filed by the complainant is not challenged by the opposite party.  Collecting handling charges by the dealers does not have any statutory backing, hence not legally valid.  The dealers are restrained from taking handling charges.  Ext.A1 shows that opposite party had collected Rs.12,000/- from the complainant towards handling charges and that amounts to unfair trade practice from the part of the opposite party.

                  In the result, complaint is allowed.  The opposite party is directed to refund the   amount of Rs.12,000/- (Rupees twelve thousand only) with 9% interest per annum from 30.7.2015 till realization to the complainant.  The opposite party is further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant.    The order shall be complied within one month from the date of receipt of this order.    

   Pronounced in open Forum on this the 31^st  day of May, 2016.                                                                                                                            

   Sd/- Smt.Elizabeth George (President) :

   Sd/- Sri. Antony  Xavier (Member)      :

   Sd/- Smt.Jasmine.D. (Member)            :

Appendix:-

      Evidence of the complainant:-

Ext.A1                  -           Order booking form

Evidence of the opposite party:-   Nil

// True Copy //

                                                                                                                    By  Order                                                                                                                                 

Senior Superintendent

To

         Complainant/Opposite party/S.F.

Typed by:- pr/- 

Compared by:-