IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 05th day of June, 2020
Filed on. 29.10.2019
Present
1. Sri.S.Santhosh kumar, Bsc. LLB(President)
2. Smt. Sholy.P.R. LLB(Member)
In
CC/No.277/2019
Between
Complainant:- Opposite party:-
Sri. V.Baiju Vasu Riders Motors
Kakkattuparalil (Royal Enfield),
Kakkazham.P.O Thirumala
Ambalappuzha, Alappuzha Thiruvambady.P.O,Alappuzha.
O R D E R
SMT. SHOLLY.P.R (MEMBER)
This is a case based on a consumer complaint filed u/s 12 of the Consumer Protection Act. 1986.
1. The averments in the complaint in short are as follows:-
The complainant booked a Royal Enfield classic-350 motor cycle from Riders Motors, Thirumala,Thiruvambady, Alappuzha, by paying Rs. 5000/- through booking number BKNG011819174. But he was not able to buy the bike because of some issues. A few months ago, the complainant visited the showroom, but an employee has told that the showroom will be closing due to some reasons and only service is being done there. So the complainant has bought another motor cycle. The complainant has given an application for the repayment of the booking amount on September 29,2019. At the time of booking, the opposite party has informed that booking is for 2 years, and within this period the booking amount will be refunded without any interest if cancelled. The complainant was informed that the amount will be refunded within 7 days, but haven’t received till date. Hence complaint for recovering the amount given to the opposite party as booking charge of the vehicle by the complainant.
Notice issued to the opposite party by this Forum has served, but not responded. The opposite party was called absent, hence set exparte.
2. The points to be decided are as follows?
(1) Whether the opposite party has committed any deficiency in service or
unfair trade practice to the complainant?
(2) Whether the complainant is entitled to get relief sought for in the
complainant?
(3) Reliefs and Costs?
3. The complainant filed proof affidavit and one document which is marked
as Ext.A1.
4. Points No. 1 and 2
These two points are discussed jointly for avoiding repetition. The averments in the complaint and Ext.A1 would indicate that the complainant intended to purchase a motor bike and booked the vehicle with the opposite party by paying an advance amount of Rs.5000/- to the opposite party. Even though he was not ready for purchasing the same within the tentative date for delivery of the vehicle, he averred in the complaint and swear in the affidavit that later he approached the opposite party for purchasing the vehicle, but deviated from his decision by reason knowing the fact that the show room was in a condition of being shutdown due to some reasons. In the above circumstance the complainant demanded to return the money paid as booking charge of the vehicle. It is alleged by the complainant that the opposite party is also made believe to the complaint that the booking is valid for 2 years and the complainant has every right to withdraw the booking charge within the said period without any interest. According to the complainant the opposite party committed deficiency in service. The unchallenged averments in the complaint, proof affidavit and Ext.A1 documents are clearly established the case of the complainant which amounts to deficiency in service and unfair trade practice on the part of the opposite party. More over it is the choice of the person who wishes to purchase the goods being selected and there is no lien towards the aforesaid booking charge to the opposite party.
In the view of the materials available on record we have no hesitation to hold that opposite party has committed negligence and there is clear deficiency in service on his part.
In the above circumstances the complainant is entitled to recover the amount which he paid as booking charge for the vehicle.
5. Point No. 3
In the result the complaint stands allowed directing the opposite party to return Rs.5000/-(Rupees Five thousand only) to the complainant with 12% interest per annum from 21-5-2018 till realization. Since the interest awarded for the amount no order to compensation awarded separately.
The opposite party shall comply the order within 30 days of the receipt of the copy of this order. No order of cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 05th day of June , 2020.
Sd/-Smt. P.R.Sholly (Member)
Sd/-Sri. S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Order Booking Form. Dtd. 21.05.2018
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
