<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 196/2006 <br /> Dated : 30.06.2008<br /> <br /> Complainant: <br /> K. Vijayan, residing at Jasmine Villa, Kuttiyani, Panthalacode P.O, Vattappara, Thiruvananthapuram. <br /> <br /> (By adv.T. Gopakumar)<br /> <br /> Opposite party:<br /> <br /> M/s Indus Motor company Private Ltd., Maruthi-True Value, T.C 3/2784, Guruvihar, Pattom P.O, Thiruvananthapuram represented by its Manager. <br /> <br /> (By adv. Biju M. John)<br /> <br /> This O.P having been heard on 22.05.2008, the Forum on 30.06.2008 delivered the following:<br /> <br /> ORDER<br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the complaint are as follows: The complainant approached the opposite party for the purpose of purchasing a used car. Thereafter the complainant and the opposite party entered into an oral agreement for purchasing a used Maruthi car bearing Reg. No. KL-01 AF 6237 for a total sale consideration of Rs. 190000/-. And on 21.02.2006 the complainant had given an amount of Rs. 1000/- to the opposite party towards advance sale consideration out of Rs. 190000/- and also paid Rs. 9000/- on 22.02.2006. The complainant approached the bank authorities for getting a loan of Rs. 180000/- to purchase the vehicle from the opposite party. At that time the Bank authorities informed him to produce an invoice of the said vehicle from the opposite party so as to sanction the loan. When the complainant approached the opposite party on 02.03.2006 for obtaining an invoice, the opposite party informed him that the offer made by them was valid only for a period of 7 days and since that period is over, they have forfeited the advance amount of Rs. 1000/- given by the complainant on 21.02.2006. At that time the complainant requested the opposite party to give back Rs. 9000/- which was given by him towards part payment of sale consideration. Even though the opposite party has agreed to repay <br /> <br /> the same on 04.03.2006, but on that day also the opposite party has not cared to repay the same and purposefully evaded to repay the same. Thereafter on 06.03.2006 the complainant issued a legal notice to the opposite party calling them upon to repay the aforesaid sum of Rs. 9000/- together with interest and cost. The opposite party accepted the notice and sent reply, but so far not turned up to repay the amount. Hence the complainant has filed the complaint against the opposite party for their unfair trade practice and deficiency in service. <br /> <br /> The opposite party in this case is exparte. Complainant filed affidavit and produced 5 documents. These documents were marked as Exts. P1 to P5. <br /> <br /> Points to be considered:<br /> (i)Whether there is deficiency in service or unfair trade practice on the side of opposite party?<br /> (ii)Reliefs and costs.<br /> <br /> Points (i) & (ii):- The complainant has produced 5 documents to prove his case. The document marked as Ext. P1 is the copy of the pre-owned car booking form dated 21.02.2006. It is seen from the document that the complainant has paid Rs. 1000/- as advance and an additional amount of Rs. 9000/-. Moreover there are separate receipts for payment of Rs. 1000/- and payment of Rs. 9000/- towards advance. That receipts are marked as Ext. P2 and Ext. P3. These documents show that the complainant has paid Rs. 10000/- to the opposite party for booking the car bearing Reg. No. KL-01 AF 6237. Thereafter the complainant approached the bank authorities for getting loan then the bank authorities directed the complainant to produce the invoice of the said vehicle from the opposite party. Then the complainant approached the opposite party on 02.03.2006 for getting invoice. Then the opposite party informed that the advance amount of Rs. 1000/- was forfeited because it was valid for 7 days only. Then the complainant requested the opposite party for repayment of Rs. 9000/- paid by him on 22.02.2006. But the opposite party did not pay the amount. Thereafter the complainant sent an advocate notice to the opposite party demanding the repayment of Rs. 9000/-. The copy of the advocate notice is marked as Ext. P4. Ext. P5 is the acknowledgement card signed by the opposite party. The complainant in this case proved the transactions by documentary evidence and oral evidence. <br /> The Ext. P1 document is the booking form of opposite party and that document is the agreement between the complainant and opposite party. On a perusal of the document it is seen that there is a statement that 'Advance payment is non-refundable'. It is not an acceptable statement. In the view of this Forum it is not a reasonable statement. It is against natural justice. The opposite party is bound to refund the amount. The complainant had a bonafide intention to buy the car, but he could not arrange the amount to purchase the car in time. For that reason only, the opposite party has no right to withhold the amount which has been paid by the complainant as advance. In this case the complainant has paid Rs. 10000/- as advance and he requested only the repayment of Rs. 9000/-, which we find as only reasonable. If from this transaction the opposite party has occurred any loss Rs. 1000/- is sufficient. The non-payment of the said balance amount is unfair trade practice of the opposite party. Opposite party has nothing to lose in this transaction. Hence he should refund the amount to the complainant. For the foregoing reasons stated above, this Forum concludes that there is unfair trade practice and deficiency in service on the part of the opposite party.<br /> <br /> In the result, complaint is allowed. Opposite party is directed to refund Rs. 9000/- with 9% interest from 22.02.2006 till the realisation of the amount to the complainant. Opposite party is also directed to pay Rs. 1000/- as cost. Time for compliance is two months. <br /> <br /> 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.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th June 2008.<br /> <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> C.C.No. 196/2006<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS: <br /> PW1 - K. Vijayan<br /> II COMPLAINANT'S DOCUMENTS:<br /> P1 - Photocopy of pre-owned car booking form dated 21.02.2006.<br /> P2 - Photocopy of Receipt No. 1241 dated 22.02.2006.<br /> P3 - Photocopy of Receipt No. 1243 dated 22.02.2006.<br /> P4 - Photocopy of advocate notice.<br /> P5 - Photocopy of postal acknowledgement card dated 08.03.2006.<br /> III OPPOSITE PARTY'S' WITNESS:<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS:<br /> NIL<br /> <br /> PRESIDENT<br /> <br />