D.O.F:18/07/2022

                                                                                                   D.O.O:15/03/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION    KASARAGOD

      CC.No.154/2022

Dated this, the 15^th day of March 2023

PRESENT:                                                  

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                        : MEMBER

Michael V.J,

Valiplackal, Kara,

Chittarikkal P.O,                                                        : Complainant

Kasaragod- 671326

Kerala

                                                               And

1. Sannill Srivastava, MD,

Istruzione Edutech Services Pvt. Ltd,

5^th Floor, Anirudh Complex,

Adivasi Hostel,

Deputy Para, Ranchi,

Jharkand– 834001

2. Joshy Mathew,

Senior Operations Manager,

Istruzione Edutech Services Pvt. Ltd,

Regus, 3^rd Floor, ShyamalaTower,: Opposite Parties

# 1, 36, Arkot Road, Saligraam,

Chennai, Tamil Nadu – 600 093

3. Fr. Thomas Mannamparambil (OCD)

Mandapam P.O,

Chittarikkal

Kasaragod – 671 326

ORDER

SMT.BEENA.K.G: MEMBER

The complainant is alleging deficiency in service and unfair trade practice on the part of opposite parties in connection with collection of an amount of Rs.1,75,000/- from the complainant, for booking Maruti Alto LXI in connection with the charity activities of Opposite party’s.  The brief facts of the case of the Complainant is that as a part of community development program of GSSF in India Opposite Parties offered to provide two wheelers four wheeler housing etc, had been carried out in various parts of the country.  The opposite party No.3 offered the Complainant to deliver the vehicle on 25/09/2020.  Due to the influence of opposite party no.3, Father Thomas Mannamparambil.  The complainant booked Maruti alto LXI and transferred an amount of Rs.1,75,000/- to the Opposite Parties companies account.  The complainant contacted Opposite Parties many times through phone and mail.  So far the vehicle is not delivered. The amount is not refunded also.  But so far neither the amount nor the vehicle is delivered.

          Hence, the complaint for necessary relief

          Notice to Opposite Party No.1 and 2 returned as addressee left.  The Complainant filed email address of the Opposite Party No.1. Notice served to Opposite Party No.1 who remained absent.  Notice of Opposite Party No.2 returned stating not found.  Name of Opposite Parties called absent set exparte.

 The complainant filed proof affidavit in lieu of chief examination the documents produced are marked as ext.A1 to A3 The question raised for consideration are:-

1. Whether there is deficiency in service or, unfair trade practice On the part of Opposite Party
2. If so what is the relief?

Believing the assurance given by Opposite Party No.3 Father Thomas Mannamparambil the complainant booked Maruthi Alto LXI and transferred an amount of Rs.1,75,000/- to the Company account of opposite party.  The opposite party offered to deliver the vehicle on 25/09/2020 but they failed to deliver the vehicle on the date thereafter the complainant contacted opposite parties through phone and email.  The email communications between the complainant and opposite party are produced.

Ext.A1 is the account statement of the Complainant and Ext.A2 is the email communication between opposite party and the Complainant.  Ext.A3 is the booking form of Maruthi Alto 800.  Ext.A1 proves the payment of Rs.1,75,000/- through NEFT to the Opposite Parties company’s account.  Only due to the influence of the opposite party No.3 the Complainant booked the vehicle and transferred the amount to the opposite parties company’s account.  But the Opposite Parties failed to deliver the vehicle even after 2 years.  Even though Opposite Parties offered to refund the amount in their emails, messages so far the amount is not transferred to the Complainant.

We carefully gone through the affidavit and documents produced by the complainant. It is true that Due to the non-delivery of the vehicle the complainant suffered loss and severe mental agony.  Ext.A3 proves deficiency in service and unfair trade practice on the part of opposite parties.  Refund of the amount with compensation and cost is highly necessary in this case.  An amount of Rs.25,000/- is a reasonable compensation in this case. 

In the result complaint is allowed directing Opposite Parties to refund Rs.1,75,000/- with Rs.25,000/- as compensation along with Rs.3,000/- as cost.  Opposite parties are jointly and severally liable to refund the amount and compensation to the complainant.

In the result the complaint is allowed directing the Opposite Parties jointly and severally to pay Rs.1,75,000/- (Rupees One Lakh and Seventy Five Thousand only) with interest at the rate 8% per annum from 19/07/2022 the date of complaint to the date of payment.  The Opposite parties are also directed to pay Rs.25,000/- (Rupees Twenty Five Thousand only) towards compensation and Rs.3,000/- (Rupees Three Thousand only) as cost. 

Time for compliance is 30 days from the receipt of copy of this judgment.

     Sd/-                                                    Sd/-                                                  Sd/-

MEMBER                                         MEMBER                                          PRESIDENT

A1:  Statement of account

A2:  Email communication

A3:  Booking form of Maruthi Alto 800

     Sd/-                                                     Sd/-                                       Sd/-

MEMBER                                             MEMBER                                 PRESIDENT

Forwarded by Order

                                                                      Assistant Registrar

Ps/