M/s.Indus Motors and other V/S Bijuraj,S/o.Nadarajan,Padinjattathil veedu, - Consumer Court Case

Kerala

Kollam

CC/06/208

Bijuraj,S/o.Nadarajan,Padinjattathil veedu, - Complainant(s)

Versus

M/s.Indus Motors and other - Opp.Party(s)

V.Mohankumar

12 Jun 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
C.D.R.F. KOLLAM - CIVIL STATION - 691013
consumer case(CC) No. CC/06/208

Bijuraj,S/o.Nadarajan,Padinjattathil veedu,						...........Appellant(s)
Vs.
M/s.Indus Motors and other Aneesh Kadakkal,Aneesh Bhavan,Altharamoodu,Kadakkal(P.O)						...........Respondent(s)

BEFORE:

1. K. VIJAYAKUMARAN ACHARY : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By R.VIJAYAKUMAR, MEMBER. The Complaint is filed for getting refund of excise duty and Compensation and Cost. The averments in the Complaint can be briefly summarized as follows : The Complainant purchased a Maruthi Versa vehicle for Rs. 3,37,000/-through the local agreement. It was agreed by the opposite party that excise duty remitted by the Complaint will be refunded when the Complainant submit all relevant records to the 1st opposite party through the II opposite party. But the 1st opposite party had taken are adamant attitude and against his assurance. Complainant sent Adv. notice but was not responded by the opposite party. The complainant suffered irreparable loss due to the unfair trade practice and deficiency in service on the part of opposite party. Hence the Complaint. The opposite party filed version and then remained absent. Hence set exparte. Complaint filed affidavit Exhibits P1 to P4 marked. The point that would arise for consideration are. 1. Whether there is any deficiency in service on the part of opposite party 2. Compensation and cost. As the opposite party remained absent after filing version we are constrained to relay upon the evidence adduced by the Complainant. The Complainant could prove his case through complaint, affidavit and exhibits. On perusal of the exhibits we find that there is no deficiency in service on the part of opposite party. In the result the complaint is allowed. The opposite party is directed to repay Rs. 20,000/- along with an interest at the rate of 6% per annum and to pay Rs 3, 000 /-as compensation and costs. Dated this the 12th day of JUNE, 2008 INDEX List of Documents for the Complainant P1 : Copy of RC Book P2 : Certificate of Taxi Registration. P3 : Advocate Notice P4 : Acknowledgement Card P5 : Copy of permit.

By R.VIJAYAKUMAR, MEMBER. The Complaint is filed for getting refund of excise duty and Compensation and Cost. The averments in the Complaint can be briefly summarized as follows : The Complainant purchased a Maruthi Versa vehicle for Rs. 3,37,000/-through the local agreement. It was agreed by the opposite party that excise duty remitted by the Complaint will be refunded when the Complainant submit all relevant records to the 1st opposite party through the II opposite party. But the 1st opposite party had taken are adamant attitude and against his assurance. Complainant sent Adv. notice but was not responded by the opposite party. The complainant suffered irreparable loss due to the unfair trade practice and deficiency in service on the part of opposite party. Hence the Complaint. The opposite party filed version and then remained absent. Hence set exparte. Complaint filed affidavit Exhibits P1 to P4 marked. The point that would arise for consideration are. 1. Whether there is any deficiency in service on the part of opposite party 2. Compensation and cost. As the opposite party remained absent after filing version we are constrained to relay upon the evidence adduced by the Complainant. The Complainant could prove his case through complaint, affidavit and exhibits. On perusal of the exhibits we find that there is no deficiency in service on the part of opposite party. In the result the complaint is allowed. The opposite party is directed to repay Rs. 20,000/- along with an interest at the rate of 6% per annum and to pay Rs 3, 000 /-as compensation and costs. Dated this the 12th day of JUNE, 2008 INDEX List of Documents for the Complainant P1 : Copy of RC Book P2 : Certificate of Taxi Registration. P3 : Advocate Notice P4 : Acknowledgement Card P5 : Copy of permit.

......................K. VIJAYAKUMARAN ACHARY : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member