Kerala

Idukki

CC/214/2018

Sobin Chakco - Complainant(s)

Versus

Populer Motor World pvt ltd - Opp.Party(s)

29 Nov 2019

ORDER

DATE OF FILING : 29.11.2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of November, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.214/2018

Between

Complainant : Sobin Chacko,

Vettukallamkuzhiyil House,

Vellaramkunnu P.O.,

Idukki – 685 535.

(By Adv: Sibi Thomas)

And

Opposite Party : The Manager,

Popular Motor World Pvt. Ltd.,

Bye-pass Road, Pulickal Market,

Paravattani, Ollukkara P.O.,

Thrissur – 680 655.

 

O R D E R

 

SMT. ASAMOL. P., MEMBER

 

Case of the complainant is that :

 

On 27.9.2018, the complainant approached the opposite party by attracting their advertisement for purchasing a car. At there, the complainant agreed to buy a second hand Hyundai Verna car bearing Reg. No.KL-46A-7799 for an amount of Rs.1,60,000/-. For that purpose, the complainant and opposite party entered into a vehicle sale agreement. As per the agreement, complainant paid 5000/- being the advance amount of the purchase price. At the time of executing the agreement, opposite party promised that they will cure the starting problem of the vehicle within 5 days. After executing the agreement, complainant renewed the vehicle insurance policy by paying Rs.8,338/- as insurance premium on 30.9.2018. On the same date, complainant arranged vehicle finance of Rs.1,14,412/- from Cholamandalam Investment and Finance Co. Ltd, Kattappana. When the complainant approached the opposite party along with the balance amount, opposite party requested some more time for curing the defect of the vehicle.

(cont.... 2)

- 2 -

Complainant further averred that, eventhough the complainant was ready to take away the car, on the next day itself of the advance agreement, opposite party delayed to hand over the vehicle to the complainant after curing the defects.

 

On believing the words of the opposite party, complainant arranged vehicle finance, renewed insurance of the vehicle, transferred the registration of the vehicle in his name, but the opposite party failed to hand over the vehicle to the complainant in a defect free condition. For the above purpose, complainant had to face a lot hardships and financial loss. Due to the non-delivery of the car to the complainant by the opposite party caused irreparable loss and mental agony to the complainant. Complainant averred that the act of the opposite party is a gross deficiency in their service as well as unfair trade practice. Hence the complainant filed the petition for getting relief such as to direct the opposite party to deliver the vehicle in question to the complainant without any delay by curing the defects.

 

Notice served to opposite party. But opposite party did not appear before the Forum, hence made exparte.

 

The point for consideration is whether there is any deficiency in service from the part of opposite party, and if so, for what relief the complainant is entitled to ?

 

No oral evidence adduced by the complainant and produced documents such as copy of RC Book, advance sale agreement cum receipt, which are marked as Exts.P1 and P2 respectively.

 

The POINT :- We have heard the counsel for the complainant and perused the documents produced by him. Evidence adduced by producing documents. It is an admitted fact that there is an advance agreement between complainant and opposite party for selling the vehicle as per Ext.P2 document. Eventhough the notices from the Forum served to the opposite party, opposite party failed to appear before the Forum and contest the matter. Hence the averments of the complainant being unchallenged are accepted by the Forum as it is genuine.

(cont.... 3)

- 3 -

 

Hence the petition allowed. The Forum directs the opposite party to hand over the vehicle without any fault and also directed to pay Rs.50,000/- as compensation and Rs.2000/- as cost of the petition within 30 days of the receipt of the copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 29^th day of November, 2019

 

Sd/-

SMT. ASAMOL. P.,MEMBER

 

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of RC Book.

Ext.P2 - Copy of advance sale agreement.

Ext.P3 - Copy of insurance certificate.

On the side of the Opposite Party :

Nil.

 

 

Forwarded by Order,

 

 

 

SENIOR SUPERINTENDENT