BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 30th day of April 2012 Filed on : 21/06/2011
Present :
Shri. A Rajesh, President.
Smt. C.K. Lekhamma, Member
C.C. No.325/2011
Between
Suresh, : Complainant
S/o. Sreedharan, (By Adv. Joy Pottakaran,
Thottathiparambil, Xxi/1544 Con-
Mansoonvalley Kera-31, vent road, Chalakudy)
Kothakulangara Kara,
Ankamaly Village, Aluva.
And
1. RF Motors Pvt. Ltd. : Opposite parties
Rep. by its Manager, (By Adv. Anil S. Raj,
Pathadippalam, Panthiyil, Warriam
Edappally P.O., road, Kochi-682 016)
Ernakulam-682 024.
2. Manager, RF Motors Pvt. Ltd.,
Pathadippalam, Desam,
Edappally P.O.,
Ernakulam.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant is a taxi driver, he booked a Tata Indigo CLS model car with the 1st opposite party on 09-12-2010. At the time of booking the 1st opposite party agreed to refund the booking amount after deducting Rs. 1,000/- in case of cancellation of the booking Subsequent to the booking the complainant got better offer from another dealer and he cancelled the booking with the 1st opposite party. Thereafter though the complainant approached the opposite parties on several occasions to get his advance amount of Rs. 1,500/- refunded the opposite parties refused to do so. The complainant is entitled to get a total amount of Rs. 6,650/- from the opposite parties on various heads. The complainant caused to issue a lawyer notice to the opposite parties demanding to pay the amount. The 1st opposite party has issued a reply raising untenable contentions. This complaint hence.
2. The version of the opposite parties.
On 09-12-2010 the complainant booked a car with 1st opposite party. The complainant was informed that in the event of his cancellation of the booking he would be refunded the booking advance of Rs. 2,500/- minus Rs. 1,000/- towards cancellation charges. Subsequently he purchased his car from Concord Motors for his own reason, but he did not inform this fact to the opposite parties at that time. Later he telephonically contacted the opposite parties and requested for refund of Rs. 1,500/-. The complainant was requested to forward a formal letter of cancellation of booking and also to hand over the booking receipt. He did not do so instead he caused to issue a lawyer notice dated 02-03-2011. The opposite parties duly sent reply to the Advocate and calling upon the complainant once again to approach the opposite parties to get the amount refunded. There is no deficiency in service on the part of the opposite parties. Opposite parties request to dismiss the complaint.
3. The complainant was examined as PW1, Exts A1 to A6 were marked on his side. The witness for the opposite parties was examined as DW1, Exts. B1 and B2 were marked on their side. Heard the learned counsel for the parties.
4. The only point that arises for consideration is whether the complainant is entitled to get a compensation of Rs. 6,650/- from the opposite parties.?
5. Admittedly on 09-12-2010 the complainant booked a vehicle with the 1st opposite party by paying Rs. 2,500/- evidenced by Ext. A1 order booking form. It is not in dispute that the complainant cancelled the booking for his own reasons on 30-12-2010. According to the complainant on several occasions he had to approach the 1st opposite party to get the agreed amount of Rs. 1,500/- refunded. The opposite parties maintain that they were ready to disburse the amount of Rs. 1,500/- to the complainant, but he did not submit the letter of cancellation of booking and the booking receipt.
6. During evidence DW1 the witness for the opposite parties deposed before this Forum that the submission of letter of cancellation and booking receipt does not find a place in Ext. A1 order booking form and Ext. A2 cancellation form. Further he stated that there was no difficulty for the opposite parties in sending the amount to the complainant by a demand draft. No satisfactory explanation is forthcoming on the part of the opposite parties in refunding Rs. 1,500/- to the complainant especially when the complainant has agreed to forgo Rs. 1,000/- as per the original agreement. In spite of repeated attempts on the part of the complainant the opposite parties has conspicuously disregarded his requests which has not been explained for which necessarily calls for compensation. We fix it at Rs. 1,000/-.
7. In the result, we partly allow the complaint and direct as follows:
i. The opposite parties shall jointly and severally refund Rs. 1,500- to the complainant together with interest @ 12% p.a. from the date of receipt till realization.
ii. The opposite parties shall jointly and severally also pay Rs. 1,000/- to the complainant for the reasons stated above.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order
Pronounced in the open Forum on this the30th day of April 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits:
Ext. A1 : Order booking form
A2 : Cancellation form
A3 : Lawyer notice dt. 02-03-2011
A4 : Tax invoice dt. 27/12/2010
A5 : Copy of driving licence
A6 : Copy of certificate of registration
A7 : Copy of A.D.card
Opposite party’s exhibits:
Ext. B1 : Copy of reply notice dt. 20-04-2012
Depositions:
PW1 : Suresh
DW1 : C.G. Socomon
:
