SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to  pay Rs.1,90,000/- to the complainant along with  Rs.25,000/- as compensation for mental agony caused to the complainant for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

       The complainant had purchased a second  hand Hyundai Eon car bearing Reg.No.KL17P508 from OP on 18/7/2023 for an amount of Rs.1,90,000/-.  At the time of purchasing the car, the OP assured that the car  only run 44,026 kilo meter.  The  sale agreement also the  OP  assured  and declared that the car  run only up to 44026 km and registered in the year 2016.  Only on believing the words of OP the complainant had purchased the car bearing Reg.No.KL17P508 on 18/7/2023.  But after 2 days  of purchase of the car became defective and the complainant produced the car before the Hyundai Service centre.  Then the service centre informed the complainant that the car runs 59,000 km  in the year 2018 itself and the same problem occurred in the  previous years also.  Only on seeing the repair history of the vehicle the complainant understood that the complainant is cheated by the OP to  change the kilometer reading in the meter.  So the OP is willfully corrupted the meter reading of the vehicle and to sold the vehicle with malafide motive.  Moreover the vehicle contain 6 accident’s earlier that is also noted in the repair history.  But in the sale  agreement of the vehicle the OP not revealed and mentioned all the real facts.  The act of  OP the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to  OP . Then the OP left India and the  commission had to hold that the OP have no version and not  appeared before the commission as such this case came to be proceed against the  OP is  set  exparte.

    Even though the OP have remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 2 documents marking them as Exts.A1 &A2. The complainant  was examined as PW1.  So the OP remains absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents .   The complainant had purchased Hyundai Eon vehicle bearing Reg.No.KL17P508 2016 model from for an amount of Rs.1,90,000/-  dtd 18/7/2023 from the OP, which contain the running kilometer as 44026.  All these facts are mentioned in the sale agreement and marked as Ext.A1.  Ext.A2 is the repair history of the vehicle KL17P508.  So it is clear that the accident repair done  on 27/2/2018 and 3/3/2018 , running  repair done on 1/11/2017 and 5/2/2018.  Moreover last 5 visit noted in the Ext.A2 document and the running mileage noted as 59,998 dtd.27/5/2019.  The complainant had purchased the KL17P508 Hyundai Eon car on 18/7/2023.  But the Ext.A1 document the repair history is not  noted and the OP is suppressed the fats and intentionally cheated the complainant.  So the OP is directly bound to redressal the grievance caused to the complainant.  Therefore we hold that  the OP is liable to refund Rs.1,90,000/- to the complainant along with Rs.10000/- as compensation  for mental agony caused to the  complainant and  Rs.5000/- as litigation cost.

           In the result, the complaint is allowed in part directing  the opposite party  to refund Rs.1,90,000/- to the complainant along with Rs.10,000/- as compensation  for mental agony caused to the  complainant and  Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.1,90,000/- carries interest@ 12% per annum  from the date of order till realization.  If opposite party fails to comply the order, the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.  After compliance of the said proceedings the opposite party is at liberty to take back the vehicle bearing  registration No.KL17P508 from the complainant.

Exts:

A1- Agreement

A2- Repair history

PW1-Remesh.K.V- complainant.

Sd/                                                             Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                       MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva                                                                                  /Forwarded by Order/

                                                                                ASSISTANT REGISTRAR