Date of Filing:       26.04.2017

                                                                                                                       Date of Disposal:  12.02.2020

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                                 .…. PRESIDENT

                   TMT.K.PRAMEELA. M.Com,                                                    ……MEMBER-I

                   THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.,                   ……MEMBER-II

CC No.14/2018

THIS WEDNESDAY THE 12^st   DAY OF FEBRUARY 2020.

Sri. R.M.Jain Vidyasharam,

Represented by its honorary correspondent,

Shri N.C.Sridharan, B.Sc., B.L.,

Office at V.M.Nagar,

Trivellore.                                                                                                 ….. Complainant. 

                                                                        //Vs//

M/s.Chakaraa AutoMobbiles,

Represented by its proprietor,

No.530, Madhavaram Redhills Road,

Vadakarai, Chennai - 600 052.                                                           ….Opposite party.                                      

This Complaint is coming upon for final hearing before us on 24.01.2020 in the presence of Mr.L.Thanigaival, counsel for the complainant and the opposite party was set ex-parte for non appearance and perused the complainant documents and argument on the side of the complainant this forum delivered the following:

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act, 1986 against the opposite party to direct the opposite party to pay a sum of Rs.15,000/- towards compensation agreed by the opposite party and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and torture and to pay a sum of Rs.3,000/- towards cost of this complainant.

2.The brief averment in the complaint is as follows:-

The complainant is running the oldest and biggest CBSE School in Thiruvallur District.  Nearly 3,000 students are studying in this school.  The complainant is having pick up and drop facility for their students from places in and around Thiruvallur.  The complainant found the necessity to have a mini bus for transporting the school students and staff.  During January 2016 the complainant finalized to buy a mini bus SML ISUZU WV26S TC-III D BUS 24+1 SEATER.  The complainant approached the opposite party, the representative of the opposite party Mr.V.John Anthony, Sales Officer from Red hills came to the School, met the officials of the school as well as the complainant.  The opposite party brought a model and exhibited the same in the school at Thiruvallur.  The complainant finally decided to buy the above model and paid Rs.12,46,000/- vide cheque No.164380 dated 30.01.2016 drawn on Indian Bank, Thiruvallur.  The Cheque receipt No.5073 dated 01.02.2016 was given by the opposite party.  The agreed date of delivery by the opposite party was 15.02.2016.   The complainant had planned a trip to Thiruvahindrapuram, Cuddalore on 17.02.2016 with all examination hall tickets of 12^th standard students.   From the inception of the School it is a sentimental practice followed by the complainant to have a pilgrimage trip to Thiruvahindrapuram temple since the complainant is buying a new vehicle had planned for the above trip in the new vehicle,  as the vehicle was not delivered on 15.02.2016 which was agreed by the opposite party, the complainant hired another vehicle and went for the holy trip.  The opposite party was not delivered the vehicle even at the end of February 2016 and for which the complainant repeatedly reminding about the delay in delivery.  The sales officer Mr.John Anthony, representative of the opposite party gave some very vague explanation about the delay in delivery of vehicle.  From 17.02.2016, the complainant have been hiring vehicle to meet its immediate requirement.  After several reminder by the complainant on 27.02.2016 Mr.Venkat, CEO, the representative of the opposite party sent SMS to the complainant as follows:-  “Sir, please we will compensate definitely for the delay,  vehicle reached RTO alternation work is undergoing.  Hope Mr.John provided u the engine and chassis Nos. will register and deliver the same in the coming week.  We understand ur situation and sorry for making u tensed”.  On 11.03.2016 the vehicle was delivered to the complainant after repeated remainders by the complainants.  The complainant is mentally upset and put to mental agony and torture.  The opposite party gave false assurance to the complainant.  On 11.03.2016 the sales officer Mr.John Anthony, representative of the opposite party gave an undertaking to the complainant that the company will issue a cheque for Rs.15,000/- on or before 16.03.2016 to compensate the loss due to the delay in delivery.  The cheque was not delivered to the complainant even today. The complainant was made to run from pillar to post for compensation which was agreed by the opposite party.  All along the opposite party was informing the complainant the compensation amount will be smoothly settled.  The complainant is mentally upset.  He is put to mental agony and torture.  The 2^nd opposite party gave false assurance to the complainant.  The opposite party act amounts to deficiency in service. Hence this complaint.

3. In spite of notice duly served to the opposite party from this Forum the opposite party neither appeared nor represent through counsel.  Hence the opposite party was set ex-parte.

4. In such circumstances, this Forum decided to conclude this matter fully on merits with available evidence and documents put forth before this Forum though the opposite party is set Ex-parte.

5. On the side of the complainant, the complainant filed proof Affidavit in order to substantiate his case and Exhibit A1 to A10 were marked on his side. Written arguments filed and oral arguments also adduced on the side of complainant.

6. At this juncture, the points for determination before this Forum are as follows:-

(1)Whether there is any deficiency in service on the side of the opposite party as alleged in the complaint?

(2) Whether the opposite party is liable to pay Rs.15,000/- towards compensation for the delay in delivery of the vehicle to the complainant?

 (3) Whether the complainant is entitled for compensation and costs from the opposite party?

(4) To what other reliefs, this complainant is entitled to?

7. Point No.1 to 3:-

The case of the complainant is that the complainant booked a mini bus to the complainant’s school with the opposite party on 25.01.2016 and believed their words that the above said vehicle will be delivered by 15.02.2016, but the opposite party delivered the vehicle only on 11.03.2016 though the complainant paid entire cost of vehicle that is 12,46,500/- to the opposite party and the same was accepted by the opposite party through his letter dated 11.03.2016 and for that effect the opposite party agreed to pay Rs.15000/-towards compensation, but the opposite party has not given the compensation as agreed and therefore the complainant filed this complaint before this Forum.

8. At the outset, on careful perusal of the evidence Ex.A2 it is seen that the complainant has booked a vehicle with the opposite party on 25.01.2016. Ex.A2 is the copy of order form issued by the opposite party in the name of complainant.  Ex.A3 is the copy of PROFORMA INVOICE dated 25.01.2016 issued by the opposite party in the name of complainant and Ex.A4 is the copy of receipt dated 01.02.2016 issued by the opposite party in the name of complainant acknowledge the receipt of the cost of the vehicle. The above documents would prove that the complainant booked a mini bus with the opposite party by paying Rs.12,46,500/-  on 25.01.2016. 

9. The complainant alleged that the opposite party agreed to deliver the mini bus to the complainant on 15.02.2016 but the opposite party delivered the vehicle only on 11.03.2016. The complainant further alleged that the 12^th students and staff planned for a trip to Thiruvahindrapuram, Cuddalore on 17.02.2016 in the new vehicle.  Since the opposite party failed to deliver the vehicle on 15.02.2016 the school students hired another vehicle and thereby the complainant suffered mental agony and financial loss.

10.   It is further seen from the evidence of Ex.A8 the opposite party agreed to pay Rs.15,000/- towards compensation for the delayed delivery.  Ex.A8 is the copy of letter written by the sales officer of M/s.Chakraa Auto Mobiles dated 11.03.2016 in which the opposite party admitted as follows:-

This refers to your email of today, SMS sent by our CEO Mr.Venkat to you and also our personal discussion.

We request you to accept delivery of the vehicle along with the papers.  As committed by our company and our CEO Mr.Venkat, we will issue a cheque for Rs.15,000/- (Rupees fifteen thousand only) on or before 16^th March 2016.

11. It is further seen that the complainant sent a email to the opposite party for delivery of the vehicle and the opposite party admitted the delay and agreed to pay Rs.15,000/- towards compensation.  Under these circumstances this forum finds that the opposite party agreed to pay compensation for the delayed delivery of the vehicle. Ex.A6, Ex.A9 and Ex.A10 are the email communication would prove the same.  

12.  In such circumstances, from the evidence of the complainant, it is clear that the complainant has proved the allegations made in the complaint against the opposite party by means of acceptable and reliable documents Moreover, after filing of this complaint before this Forum, though the notice sent from this forum and the same was returned and even thereafter he has not filed any written version on his side for sufficient time given by this forum and also the opposite party was set ex-parte on 20.12.2018. From the non appearance of the opposite party it can be clearly understand that the opposite party has no valid reason to rebut the claim of the complainant at the same time the complainant oral and documentary evidence proved that there is deficiency in service on the part of the opposite party and the complainant suffered mental agony due to the act of the opposite party. Hence the complainant is entitled for compensation and cost from the opposite party. Thus the point nos. 1 to 3 are answered accordingly.

13.Point No.4:-

In the result, this complaint is allowed in part.  Accordingly the opposite party is directed to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) towards compensation for the delay in delivery of the vehicle as agreed by the opposite party.  The opposite party is further directed to pay a sum of Rs.20,000/-(Rupees twenty thousand only) towards compensation for causing mental agony to the complainant due to the deficiency in service on the part of the opposite party and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards cost of proceeding to the complainant.

The above said amount shall be  payable by the opposite party within two months from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 12^th day of February 2020.

      Sd-                                                                 Sd-                                                    Sd-

MEMBER-II                                                  MEMBER-I                                       PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite party:-

-Nil-

        Sd-                                                                 Sd-                                                Sd-

  MEMBER-II                                                MEMBER-I                                  PRESIDENT