BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 370/2009 Filed on 31/03/2009

Dated: 15..06..2010

Complainant:

Sujana Kumaran Nair, P.P. 14/475-A, Vishnu Vihar, Pulinkode, Poovachal – P.O., Veeranakavu Village.

(By Adv. G. Hari Kumar)

Opposite parties:

1. M/s. Cheran Automobiles, Niramankara, Pappanamcode – P.O., Thiruvananthapuram – 18. Represented by its Managing Director.

2. Managing Director of ..do.. ..do..

    

   (By Adv.Shajahan. M)

This O.P having been heard on 10..06..2010, the Forum on 15..06..2010 delivered the following:

ORDER

SMT. S.K.SREELA, MEMBER:

The complainant who is a Headmaster of School has approached this Forum with the following grievance. That he had purchased a Hero Honda Motor Bike from the 1^st opposite party. The complainant paid the value of the bike as cash. The opposite parties received Rs. 45,187/-, as total sale consideration of the bike. At first the opposite parties issued only a cash receipt bearing No. 309 dated 01/04/2009 showing the price as Rs. 45,187/-. On repeated requests and demand from the side of the complainant the opposite parties issued a detailed statement of the value of the bike. The bike value is seen only Rs. 38,089.23/-. Apart from that Rs. 4,761.15/- and Rs. 47.61/- are charged as VAT and Cess charges Rs. 125/- is charged as HHML Passport Programme and Rs. 1,064/- is charged as insurance charge. The opposite parties collected the amount from the complainant towards the whole delivery expenses of the vehicle. An amount of Rs. 1,100/- is illegally collected as cash from the complainant. The opposite parties illegally and unauthorisedly collected the amount without valid reason. The complainant being a customer wished to know the nature of charges already levied as cash. On enquiry it was found that they collected the amount illegally and unauthorisedly. The complainant approached the opposite parties to get back the money. There was no proper explanation as to why they have collected money, except contradictory versions from the staffs concerned. Hence this complaint has been necessitated.

2. Inspite of acceptance of notice from the Forum, the opposite parties never appeared before the Forum nor have they filed any version. Hence the opposite parties remain exparte.

3. Complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P5. Complainant, PW1, has not been cross examined and hence his sworn statement stands unchallenged.

The issue to be considered is whether there is any deficiency in service on the part of the opposite parties and whether the complainant is entitled for the reliefs claimed?

4. The point: The cash receipt dated 01/04/2009 which has been marked as Ext. P1 reveals that an amount of Rs. 45,187/- has been received by M/s. Cheran Automobiles from the complainant. The complainant has pleaded that the opposite parties have collected Rs. 1,100/- illegally. We have gone through the invoice Ext. P2 wherein the details of the cash collected from the complainant have been mentioned. An amount of Rs. 125/- & Rs.1,064/- have been deducted under HHML Passport Programme and towards National Insurance Co. A/C respectively, which the complainant has no dispute. But an amount of Rs. 1,100/- is seen deducted as cash which has been challenged by the complainant stating that the same has been deducted illegally by the opposite parties for their unlawful gain and enrichment. The opposite parties have not appeared before the Forum to defend the allegations levelled against them. The opposite parties have failed to enlighten this Forum regarding the deduction of Rs. 1,100/- towards cash. In the absence of any explanation for the same from the opposite parties and on the strength of the unchallenged affidavit of PW1 we find that the complainant has succeeded in establishing his complaint.

5. In view of the above, we find that the above act of the opposite parties definitely amount to unfair trade practice. Furthermore a consumer like the complainant has been dragged to this Forum for this amount which is solely due to the deficiency in service on the part of the opposite parties for which the complainant has to be compensated. We find an amount of Rs. 1,000/- would suffice the same.

In the result, complaint is allowed. The opposite parties shall refund Rs. 1,100/- to the complainant along with a compensation of Rs. 1,000/- and cost of Rs.1,000/- to the complainant within one month from the date of order, failing which the entire amount shall carry interest @ 9% from the date of the order.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day June, 2010.

S.K. SREELA, MEMBER.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI.A, MEMBER.

ad.

C.C.No. 370/2009

APPENDIX

I. Complainant's witness:

PW1 : Sujanakumaran Nair

II. Complainant's documents:

P1 : Cash receipt dated 1/04/2009

P2 : Tax Invoice dated 1/04/2009

P3 : Advocate notice dated 6/5/2009

P4 : Postal receipt dated 8/5/2009

P5 : Acknowledgment card addressed to opp. Party.

III. Opposite parties' witness : NIL

IV. Opposite parties' documents : NIL

PRESIDENT