O R D E R
Sri.NishadThankappan (Member II):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. Shri.Meera Sahib has filed this complaint before the commission. His allegation against the opposite party is as follows:- In order to purchase a new Maruthi Ertiga car he has approached opposite party car dealers at Kumbazha, Pathanamthitta. The opposite party has agreed to deliver a said car within two months and collected a sum of Rs. 11,000/- from him on 01/03/2019. After two months the opposite parties could not fulfill their terms. Then they demanded an additional amount of Rs. 50,000/- from the complainant. On 13/05/2019 complainant remitted the amount to opposite party 1 & 2 and they issued receipt for the said amount. Since there was inordinate delay to deliver the vehicle, complainant contacted the opposite parties and enquired the reasons for delay. It is informed that the opposite parties are ready to return the amount without any sufficient reason. As such the complainant was forced to receive back to Rs. 61,000/- from the opposite party. Due to delay in delivery of the vehicle and unfair trade practice on the side of opposite party 1 & 2 he has filed this complainant.
3. Notice was issued to the opposite parties entered appearance and filed version. In the version they have stated that the question if non-jointer of necessary parties in the complainants. It is further stated by merely booking a vehicle alone will not entitled the complainant to avail the privileges under the Act. The complainant has made nominal payment and was net ready to wait for his turn, since the delivery of vehicle is according to the seniority for the particular type. It is further stated that the normal booking period may vary accordingly to production, transportation and final payment of the customer.
4. Considering the allegations and contention of the opposite parties the commission has raised the following issues for consideration.
1. Whether the allegations of the complainant is genuine
2. Whether there is any deficiency in service in the opposite parties.
3. Compensation and Cost?
5. Issues No. 1 to 3 :- On a perusal of the complainant can be seen that the opposite parties have collected a sum of Rs. 11,000/- from the complainant at the time of booking the vehicle. Further to opposite party 1 & 2 collected a sum of Rs. 50,000/- as additional amount in connection within above booking. But due to the delay of the supply of the said vehicle in time, complainant was forced to revive back the remitted amount of Rs. 6,10,000/- from the opposite parties. The dealings of the opposite parties were defective and unfair trade practice. The opposite parties are fully entitled to allotment of the said vehicle to the complainant.
6. In this proceeding the complainant filed proof affidavit and filed documents Ext. A1 to A7 shows the remittance of advance booking amount at the time of booking the vehicle. Ext. A1 is the original copy receipt of chequedated:13/05/2019. Ext. A2 is the original copy of cheque receipt dated: 01/03/2019. Ext. A3 is the copy of cheque dated: 29/07/2019. Ext. A4 is the copy of agreement. Ext. A5 is the photo of car shed. Ext. A6 is the Trip sheet for contract carriage dated: 03/08/2019. Ext. A7 is the brochure. Complainant has examined PW1 and marked the documents. On the side of the opposite parties they have not produced documents in evidence. On a detailed perusal of the complaint and version of the opposite parties it can be seen that the opposite parties have not supply the vehicle in time after the collection of the advance amount from the complainant. Due to the inordinate delay of the delivery of the vehicle the opposite parties have return the amount of Rs. 6,10,000/- to the complainant without taking any sincere steps to supply the vehicle. This shows the unfair trade practice of the opposite parties. The opposite party 1 & 2 is to take sincere effort to supply the vehicle on the basis of the remittance. They have taken a negligent view in this case on an oral reading of the entire facts if the case we are of the view that there is gross negligence and unfair trade practice on the side of the opposite parties and for this the opposite parties are liable to pay compensation and cost of this proceedings. All the issues are found in favour of the complainant.
7. In the result we hereby direct the opposite parties to pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) as compensation to the complainant for their grossest negligence derelictions of duty, purposeful duty committed to supply the vehicle in time and unfair trade practice. The said compensation amount was for the inconvenience mental agony and physical strain. We finally direct to opposite parties to pay a sum of Rs. 1,000/- (Rupees One Thousand only) as cost of this proceedings. We further direct to opposite parties to pay the said amount to the complainant within one month from the date of receipt of this order. We further direct that if there is any delay to pay the said amount to the complainant by the opposite parties. This said amount will carry 6% interest per annum from the date of this order till repayment. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 27thday of November, 2020.
(Sd/-)
Sri.NishandThankkapan
(Member II)
Sri. George Baby (President) : (Sd/-)
Smt. ShajithaBeevi.N(Member I) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Meera Sahib
Exhibits marked on the side of the complainant:
A1: original copy receipt of cheque dated:13/05/2019.
A2: original copy of cheque receipt dated: 01/03/2019.
A3: cheque receipt dated: 29/07/2019
A4: copy of agreement.
A5: photo of car shed.
A6: Trip sheet for contract carriage dated: 03/08/2019.
A7: brochure.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
(1) M. Meera Sahib,
AlzamManzil,Vettippuram,
Pathanamthitta – 689645.
(2) Muhammad Illyas,
Sales Manager,
Indus Motors Co. Pvt. Ltd.,
Kainikkara Complex,
Kumbazha – 689653.
(3) Jacob Thomas,
Deputy Team Manager,
Indus Motors Co. Pvt. Ltd.,
Kainikkara Complex,
Kumbazha – 689653.
(4) The Stock File.
