DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 23rd day of August 2024
CC.367/2024
Complainant
Sivadasan.N,
‘Surabhi’, Muringattu Purayil,
Perambra, Chelembra,
Malappuram – 673 634.
Opposite Party
Rotana Motors (P) Ltd,
6/1026, Kannur road,
Near Paragon Restaurant,
Kozhikode – 671 001.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 28/05/2024 the complainant approached the opposite party for purchasing a Tata Punch Creative motor Car. The quotation was received showing on road price as Rs. 10,85,000/- which is inclusive of Rs. 39,285/- as insurance amount. On 05/06/2024 he made the entire payment to the opposite party and took delivery of the vehicle. But the insurance certificate showed that the insurance premium was Rs. 25,900/- whereas the amount collected was Rs. 39,285/-. There was excess of Rs. 13,385/-. When the complainant asked the opposite party to refund the excess amount collected, they were not ready for any refund. The behaviour of the opposite party was not good. He was cheated by the opposite party. Hence the complaint for getting refund of the excess amount of Rs. 13,385/- collected by the opposite party along with compensation of Rs. 10,000/-.
- The notice issued from this Commission on 04/07/2024 was duly served on the opposite party. But the opposite party did not respond and hence set exparte.
- The points that arise for determination in this complaint are;
1. Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.
- PW1 was examined and Exts A1 to A5 were marked.
- Heard.
- Point No 1: The complainant has approached this Commission alleging deficiency of service and unfair trade and business practice on the part of the opposite party. The specific allegation is that the opposite party has collected excess amount towards insurance premium and they refused to refund the amount. The prayer is for refund of the amount with compensation of Rs. 10,000/-.
- PW1, who is none other than the complainant, has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the order booking and commitment form, Ext A2 is the copy of the bill dated 07/06/2024, Ext A3 is the copy of the tax invoice dated 05/06/2024, Ext A4 is the copy of the insurance policy and Ext A5 is the copy of the tax licence.
- Ext A1 shows that the insurance amount is Rs. 39,285/-whereas Ext A4 policy shows that the actual premium paid was Rs. 25,900/-. The difference is Rs. 13,385/-.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A5. Unfair trade and business practice and deficiency of service on the part of the opposite party stand proved. The opposite party is liable to refund the excess amount of Rs. 13,385/- to the complainant. Undoubtedly, the act of the opposite party has caused mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this case.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.367/2024 is allowed in part.
b) The opposite party is hereby directed to pay the complainant an amount of Rs. 13,385/- (Rupees thirteen thousand three hundred and eighty five only) being the excess amount collected from him towards insurance premium.
c) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 13,385/- shall carry an interest of 9% per annum from the date of this order till actual payment.
e) No order as to costs.
Pronounced in open Commission on this, the 23th day of August, 2024.
Date of filing : 22/06/2024
Sd/ Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Copy of the order booking and commitment form,
Ext A2 - Copy of the bill dated 07/06/2024,
Ext A3 - Copy of the tax invoice dated 05/06/2024,
Ext A4 - Copy of the insurance policy and
Ext A5 - Copy of the tax licence.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Sivadasan.N (Complainant).
Witnesses for the opposite party
NIL
Sd/ Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.
