Karnataka

Kolar

CC/53/2019

Sri.G.Raj Kumar - Complainant(s)

Versus

Saleem Auto Mobiles Pvt Ltd - Opp.Party(s)

17 Sep 2019

ORDER

Date of Filing: 22.07.2019

Date of Disposal: 17.09.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 17^TH DAY OF SEPTEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 53 OF 2019

Sri. G. Rajkumar,

S/o. Govindaswamy,

Aged About 28 years, 2^nd Main Road,

4^th Cross, Ambedkar Nagara,

STD Booth, K.G.F.,

Kolar District.                                                                   ….  COMPLAINANT.

(Rep. by Sri.D.V. Laxminarayana, Advocate)

 

- V/s –

M/s. Saleem Automobiles Private

Limited, No.361, Basement Floor,

Opp. To Nanjundeshwara Temple,

Sharada Talkies Road,

Doddapete, Kolar.

(Exparte)                                                                                …. OPPOSITE PARTY.

:: ORDER ::

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against OP and prays to direct the OP to return a sum of Rs.25,397-50 with interest at 18% from 17.11.2018, compensation of Rs.15,000/- and Rs.5,000/- towards mental agony.

02.   The brief facts of the complainant case is that the complainant has approached OP on 17.11.2018 to purchase Suzuki Gixxer and paid advance amount of Rs.58,000/-.  The OP has wrongly mentioned the order date as 07.02.2019 for his convenience.  The cost of the said Suzuki Gixxer motorcycle was Rs.83,278/-, insurance amount Rs.7,194/-, RTO registration fee Rs.12,131/- and in all the cost of the said vehicle was Rs.1,02,603/-.  The said amount was payable by the complainant.  Out of the said amount, a sum of Rs.70,000/- was remitted to the OP from IND finance Bank and on 17.11.2018 he has paid advance amount of Rs.58,000/- and in all, he has paid a sum of Rs.1,28,000/- to OP No.1.  On 26.11.2018 the vehicle was delivered to the complainant and the rest of the amount of Rs.25,397/- is due from OP.  The OP has refused to pay the said amount in spite of panchayath conducted for about five to six times and thereby OP has cheated the complainant.  On 06.07.2019 the complainant issued legal notice to the OP, but the OP refused to receive the legal notice.  The complainant has produced documents to support his case and filed the present complaint against OP and prays to allow the complaint.

03.   The complainant has produced the following nine documents:-

(i) Copy of the legal notice dated: 06.07.2019-Annexure-1

(ii) Postal receipt – Annexure-2

(iii) Postal RPAD returned cover – Annexure-3

(iv) Charge Invoice – Annexure-4

(v) RTO Temporary Registration Certificate – Annexure-5

(vi) Vehicle Advance Payment Receipt – Annexure-6

(vii) Vehicle Insurance Letter – Annexure-7

(viii) RTO Registration fee paid receipt – Annexure-8

(ix) Bank loan pass-sheet – Annexure-9

 

04.   The OP did not appear before the Forum.  OP has refused to receive the notice send by the Forum and it amount to service and is placed exparte.

05.   The complainant has filed affidavit evidence by way of examination-in-chief. 

06.   Heard arguments of the counsel for the complainant.

07.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has proved deficiency in service on the part of the OP and entitled for the relief as prayed by him?

 

2. What order?

 

08.   Our findings on the above stated points are:-

POINT No.1:-   Is in the Negative

       

POINT No.2:-   As per the final order

for the following:-

REASONS

POINT No.1:-

09.   We have perused the complaint, affidavit evidence of the complainant and the documents produced by him.  On 17.11.2018 the complainant approached the OP show-room to purchase Suzuki Gixxer motorcycle and paid advance amount of Rs.58,000/- to the OP and to that effect the complainant has produced Cash receipt dated: 07.02.2019 as per Annexure-6.  The complainant has also produced Xerox copy of the Charge invoice dated: 17.11.2018 i.e., ex-showroom price of the vehicle as Rs.83,278/- as per Annexure-4, Xerox copy of the Life Time Tax Receipt issued by the Transport Department of Rs.12,131/- as per Annexure-8, Xerox copy of the insurance policy of Rs.7,194/- as per Annexure-7 and statement of account as per Annexure-9. 

10.   At the outset, it is relevant to state here that, the ex-showroom price of the motorcycle was Rs.83,278/-, insurance amount Rs.7,194/-, RTO Registration Charges Rs.12,131/- and in all Rs.1,02,603/- is to be payable by the complainant.  Out of that, a sum of Rs.70,000/- was the loan amount paid by the IND Bank, Kolar, and the advance amount paid by the complainant was Rs.58,000/- and in all, he has paid Rs.1,28,000/- to the OP.  The amount payable to OP was Rs.1,02,603/- and rest of the amount of Rs.25,397/- is to be payable by the OP as per the contention of the complainant.  But on perusal of Annexure-9 i.e., statement of account, it reveals that, invoice amount is Rs.1,20,793/-, the complainant has left out the interest charges of Rs.16,800/-, loan handling charges of Rs.1,406.78 paisa, GST of Rs.253.22 paisa, health insurance premium of Rs.780/- and GPA premium + GST of Rs.510/-, GST on service & processing charges of Rs.305.08 paisa, on documentation charges of Rs.847.46 paisa and loan handling charges of Rs.254.24 paisa, in all Rs.1,26,053/-.  On perusal of the above said material documents the complainant has suppressed the material facts and question of refund of amount does not arise.  

11.   Under these circumstances as discussed above, the complainant has failed to prove deficiency of service on the part of the OP and the complainant is not entitled for any relief as prayed by him and accordingly we answer Point No.1 is in the Negative.

POINT No.2:-

12.   In view of our findings on Point No.1 and the discussions made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is hereby dismissed.  No order as to costs.

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 17^th DAY OF SEPTEMBER 2019)

 

 

 

   LADY MEMBER                            PRESIDENT