D.O.F:05/07/2022

                                                                                                   D.O.O:15/12/2022

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.142/2022

Dated this, the 15^th day of December 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Gopala Krishna

S/o Venkappa Naik,

Kaluvaje House,                                                      :  Complainant

Bellur PO, Nettanige,

Kasaragod 671543

                                                            And

The Proprietor

Sangeerth TVS,

P.O Chengala,                                                         : Opposite Party

Kasaragod 671542                                                 

                                                                        ORDER

SMT.BEENA.K.G    : MEMBER

The brief facts in the case of Sri Gopalakrishna is that he booked to purchase a new Autorikshaw from Opposite Party’s showroom on 29/04/2022 for Rs. 2,07000/-.  Out of the said amount he had paid an amount of Rs. 2,04,000/- by way of NEFT and Rs. 3000/- as cash in the name of Opposite Party.  The Opposite Party assured to deliver the vehicle within 15 days from payment.  But after six months of payment also the vehicle is not availed to the complainant.  Hence this complaint for necessary Redressal.

            Notice of Opposite Party served but he remained absent name of Opposite Party called, absent, set exaprte.

 The complainant filed proof affidavit in lieu of chief examination documents produced are marked as Ext.A1 and A2. 

The issues raised for consideration are:-

1. Whether there is deficiency in service on the part of Opposite Party?
2. If so what is relief?

The complainant booked an Autorikshaw from Opposite Party Show romm on 29.04/2022 for Rs. 2,07,000/- the complainant paid the amount by way of NEFT and cash.  The Opposite Party offered to deliver the vehicle within 15 days from the said payment. After six months of payment also the vehicle is not availed to the complainant amounts deficiency in service.  The complainant has produced Ext A1 and A2 payment receipts to prove the booking of Autorikshaw.  The Opposite Party failed to deliver the vehicles as agreed so far.  There is deficiency in service and unfair trade practice on the part of Opposite Party, which caused huge loss and mental agony to the complainant.  Complainant is entitled to get his money with interest and cost.  The Opposite Party is liable to compensate the loss and agony suffered by the complainant.

Therefore complaint is allowed directing Opposite Party to refund Rs.2,07,000/-(Rupees Two lakh and Seven Thousand only) with 9% interest from 29/04/2022 till payment with a compensation of Rs.25,000/- (Rupees Twenty five Thousand only) along with a cost Rs.3000/- (Rupees Three Thousand only).

The time for compliance is 30 days from the receipt of the copy of this order.

A1: Payment receipts

A2: Payment receipts

Forwarded by Order

                                                                                    Assistant Registrar

Ps/