BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 90/2021 Filed on 19/02/2021

ORDER DATED:  12/01/2023

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under section 35 of the Consumer Protection Act 2019.  The brief facts of the case is that the complainant purchased a Bajaj Pleasure-125-D.T.S-1 for an amount of Rs.97,000/- after deducting Rs.2000/- as a special Onam offer from Rs.99,114/-, which is the ex showroom price for the bike on 28/08/2020 from the opposite party.  The complainant paid Rs.19,000/- as cash and exchanged his Honda Shine Bike for which Rs.6,000/- was given as the exchange price for the bike.  The balance amount was Rs.72,000/- for which the opposite party obtained complainant’s signature in an unfilled consent letter.  But instead of Rs.72,000/- the opposite party took Rs.83,000/- as the loan amount after making some adjustment in the loan form.  When the complainant noticed the said things the opposite party repaid Rs.3,813/- on 01/10/2020.  The opposite party assured the complainant that the loan amount will be cleared but he doesn’t done that.  Due to the act of the opposite party the complainant has to pay additional Rs.650/- to the loan amount.  The act of the opposite party amounts to deficiency in service, hence this complaint.

The opposite party entered appearance and filed version.  The opposite party has contended that the case is not maintainable either in law or on facts.  It is admitted by the opposite party that the complainant has purchased a bike from his showroom.  The opposite party has averred that the allegation that he obtained signature of the complainant in an unfilled consent letter is false.  The loan was given by Bajaj Finance Ltd., and not by the Attinkarathai institution.  It is also contended by the opposite party that there occurred a mistake in the account while adding exchange benefits.  The opposite party has repaid Rs.3,813/- to the complainant.  The opposite party has averred that he is willing to repay the balance amount of Rs.3,868/- to the complainant, hence the complaint may be dismissed with cost to the opposite party.

Issues to be ascertained:

(i). Whether there is any unfair trade practice or deficiency in service from

     the side of opposite party?

(ii). Whether the complainant is entitled to get the reliefs?

Issues No. (i) & (ii):- The complainant has filed proof affidavit and has produced four document which were marked as Ext.P1 to P4.  The opposite party has not filed proof affidavit nor produced any documents.  It is admitted by the opposite party that they are ready to pay Rs.3,868/- to the complainant.  It can be seen from the proof affidavit of the complainant that the opposite party has received Rs.7,689/- as an extra amount from the complainant.  It is admitted by the complainant that he has received Rs.3,813/- from the opposite party.  So the balance amount to be paid to the complainant by the opposite party is Rs.3,868/-.  The opposite party has not repaid Rs.3,868/- to the complainant which amounts to deficiency in service from the side of the opposite party.  Hence the opposite party is liable to compensate the complainant. 

In the result complaint is allowed.  The opposite party is directed to pay Rs.3,868/- (Rupees Three Thousand Eight Hundred and Sixty Eight Only) with 6% interest from 01/10/2020 and pay Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as compensation for the mental agony suffered by the complainant and pay Rs.2,000/- (Rupees Two Thousand Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of default till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 12^th  day of January,  2023.

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P.V.JAYARAJAN                 : PRESIDENT 

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PREETHA G. NAIR              : MEMBER    

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                                                                 VIJU V.R                          : MEMBER

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C.C. No. 90/2021

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

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PRESIDENT

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