The case of the complainant is as follows:

            The respondents are the dealers of Maruti Cars in Kerala. On 29/5/2003 the complainant booked one Maruti 800 A/c Euro I Car in the respondent company. The 3^rd respondent the Sales Executive introduced the petitioner to the respondent company. For booking the above said car the petitioner paid Rs.15,000/- to the 1^st respondent. The petitioner applied for a loan of Rs.1,85,000/- in the City Bank for purchasing the above said Maruti Car from the respondent company. On 6/6/03 the loan was sanctioned by the City Bank. But the respondent company delivered the car only on 21/6/03 i.e. after 23 days from the sanctioning of loan. On 21/6/03 the respondent company delivered a Non A/c Car to the complainant and it is the violation of promise made by the respondents. When this fact was pointed out the respondents promised to refund the additional amount. But till date the respondents have not refunded any amount. On 21/6/03 when the respondent company delivered Non A/c Car to the petitioner, they had assured that they had remitted a sum of Rs.6,780/- towards the Insurance Premium for the Non A/c Car. This matter wasbelieved by the petitioner. But on 7/8/2003 the petitioner received an intimation stating that the Insurance premium was cancelled due to the bouncing of the cheque that was given by the respondent company for the purpose of Insurance of the car. Believing the words of the respondent company that they were taken the Insurance Policy for the petitioner’s non A/c car from 20/6/03, the petitioner has not taken any policy for his car till 7/8/03. This type of act of the respondent company is not fair. This is deficiency in service on the part of the respondent company. The petitioner pointed out the bouncing of cheque and cancellation of policy to the respondents. Then they promised to the petitioner that will return back the full amount to the petitioner which was spent by the petitioner for taking new Insurance policy for the car. But the respondent company did not pay any amount towards the Insurance policy. On 8/8/03 the petitioner paid Rs.6,848/- as Insurance Premium amount for taking a new Insurance policy for the new car. This matter was informed by the petitioner to the respondent company. The petitioner also spent Rs.20,000/- for converting the non A/c car into an A/c car. This is because of the delivery of non A/c car to the petitioner instead of the A/c car . This matter also informed by the petitioner to the respondent company. These type of acts of the respondent company come under the definition of deficiency in service and unfair trade practice. Hence this complaint. 

 

            2. All the respondents called absent and set exparte.

 

            3. In order to prove the case complainant has filed affidavit and the documents produced by him are marked as Exhibits P1 to P12.

 

            4. According to the complainant on 29/5/03 the complainant booked an A/c Maruti Car in the respondent company and the company made delay of 23 days for the delivery of the car. On 21/6/03 the respondent company delivered a non A/c car instead of A/c car to the complainant which is the violation of booking agreement. On 7/8/03 the insurance premium of the car was cancelled due to the bouncing of the cheque that was given by the respondent company for insurance. The acts of the respondent company shows deficiency in service and the complainant is entitled to the reliefs claimed.

 

            5. There is no counter evidence to the evidence of complainant.

 

            6. In the result complaint is allowed and the respondents are directed to pay Rs.20,000/- (Rupees Twenty thousand only) towards the cost of A/c fitting and Rs.6,848/-(Rupees Six thousand eight hundred and forty eight only) as the cost of taking new insurance policy to the complainant. The respondents are further directed to pay Rs.2,500/- (Rupees Two thousand and five hundred only) as compensation and Rs.1000/- (Rupees One thousand only) as costs within one month.

 

            Dictated to the Confdl Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 30^th day of January 2009.