1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) Sri. K.C. Cheriyan has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties. The contentions of the complainant is as follows:- On 25.10.95 the complainant booked and registered for a Pengcot 309 Car through the second opposite party who is the authorized dealer of the first opposite party. As such the complainant was paid a sum of Rs.25,000/- as advance through the Demand Draft No.203613 0000 12000 dt. 24.10.95 through the Bank of Baroda, Kayamkulam Branch. The advance amount was paid in favour of M/s Pal Pengcot Ltd., Bombay. It is contended that the Car will be delivered within 6 months from the date of booking. But the opposite parties have not cared to deliver the said vehicle even through the period for delivery has expired. So the complainant was cancelled the order on 8.7.97; and the same was communicated by the complainant to the opposite parties and requested to return the advance booking amount of Rs.25,000/- Since there was no positive steps on the part of the opposite parties; the complainant issued notice to the opposite parties. But the opposite parties have not turned up in repayment of booking amount. Hence the complaint. 2. Notice was issued to the opposite parties. The notice of the 1st opposite party has returned without accepting the same. 2nd opposite party has accepted the notice and entered appearance. They have filed version. In the version it is stated by the 2nd opposite party that as per the terms and conditions of the booking of the car, the 1st opposite party is to reimburse, the booking advance to the complainant. It is further stated that the 2nd opposite party was the authorized dealer of the first opposite party and is no manner connected with the reimbursement of the advance amount. 3. Considering the contentions of the opposite parties, this Forum has raised the issues:- (1) Whether there is any deficiency in service on the part of the opposite parties? (2) Compensation and costs, by way of reliefs. 4. On the side of the complainant, he has produced 5 documents, marked as Exts.A1 to A5. Ext.A1 is the copy of the DD No.203613 0000 120000 dt. 24.10.95 for a sum of Rs.25000/- in favour of the first opposite party and is payable at Bombay. Ext.A2 is the counter foil of the said DD of M/s. Bank of Baroda. Ext.A3 and Ext.A4 are the postal receipts. Ext.A5 is the postal receipt for the Advocate notice. In this matter, it is to be noticed that the 2nd opposite party is the registered dealer of the 1st opposite party. As per the terms and conditions stated by the 2nd opposite party in connection with the booking of the said vehicle, the complainant sent the DD for Rs.25000/- to the 1st opposite party. But considering the inordinate delay to get the vehicle the complainant had cancelled the booking and the matter was communicated to the opposite parties and requested to refund the booking amount. The opposite parties have not taken any earnest attempt to refund the booking amount. Even though the 2nd opposite party is the registered dealer of the 1st opposite party, they have not taken any earnest steps to collect the said amount from the 1st opposite party to pay back the same to the complainant. This is gross negligence on the part of the 2nd opposite party. On a perusal of the evidence produced by the complainant it can be say that the contentions of the complainant are genuine and the complaint is to be allowed. Since there is deficiency in service and negligence on the part of the opposite parties by denial of the return of the booking amount, the complainant is entitled to get compensation and costs. The issues are found in favour of the complainant. Hence, we are of the view that the complaint is to be allowed. In the result, we direct the opposite parties to return the advance booking amount of Rs.25,000/- (Rupees twenty five thousand only) to the complainant with 18% interest and a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for mental agony and inconvenience of the complainant and negligence on the part of the opposite parties and a costs of Rs.5000/- (Rupees five thousand only). We further direct the opposite parties to pay the above said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 16th day of June, 2008. Sd/- SRI. K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH: Sd/- SMT. N. SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- Ext.A1 - Copy of the DD No.203613 0000 12000 dt. 24.10.95 Ext.A2 - Counterfoil of the said DD of M/s.Bank of Baroda Ext.A3 & A4 - Postal receipts Ext.A5 - Postal receipt of advocate notice Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo.parties/S.F. Typed by:- Compared by:-
