Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
30th day of July 2022
CC 348/21 filed on 23/10/21
Complainant : Sijumon, S/o Izhakkunnel Joseph,
Panambilly College Road, Potta Village,
Chalakkudy Taluk.
(By Adv. Laju Lazar M, Thrissur)
Opposite Parties : 1) Second Drive Used Car Showroom,
Perumbavoor Village, Ernakulam.
Rep. by Managing Partner P.A. Shani Puthukkadan,
Puthukkadan House, Kandanthara, Allapra P.O.,
Vengola, Ernakulam – 683 556.
2) Second Drive Used Car Showroom,
Perumbavoor Village, Ernakulam,
Rep. by Managing Partner Manager Shamil Shani,
Puthukkadan House, Kandanthara, Allapra P.O.,
Vengola, Ernakulam – 683 556.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The complainant agreed to buy a Tata Harrier belonging to the opposite party on 28/06/21 for Rs.13,65,000/- (Rupees Thirteen lakh sixty five thousand only) finding OLX advertisement on 25/06/21 stating it was run for 40,000/- kms only. As per the agreement he paid Rs.5,000/- on 29/06/21 to the G-pay account of Al-Ameen (No.8848253566) towards advance money through his G-pay Account. Thereafter the opposite party demanded Rs.50,000/- further advance money and same has been paid on 16/07/21 vide Cheque of his friend Jonfy. The same was collected through his account No.32850500002308 of Bank of Baroda, Perumbavoor Branch. Thereafter on 17/07/21 the vehicle was inspected by the complainant found that it was plied more than 45,000 kms and its tyres were replaced with old ones. The agreement was entered under the belief that the vehicle will be the same as displayed in the advertisement. Hence, the complainant demanded back his advance money. They were not ready to repay the money instead changed the display of the vehicle in the OLX. The act of the opposite party amounts to unfair trade practice. Hence this complaint.
2) On receiving the complaint notice issued to both the opposite parties. But they neither appeared before the Commission nor submitted any version. Hence opposite parties called absent and set ex-parte
.
3) The case posted for evidence of the complainant. The complainant appeared before the Commission and filed proof affidavit. The documents produced are marked as Exts. A1 to A6. Ext. A1 is the Visiting Card of Second drive used car showroom. Ext. A2 is the print out of advertisement in OLX app. Ext. A3 is the print out of statement of account of complainant from 29/06/21 to 30/06/21. Ext. A4 is the print out of Statement of Account of the Jinfy Muhammed from 16/07/21 to 16/07/21. Ext. A5 is the Postal Receipts (3 Nos.). Ext. A6 is the copy of lawyer notice dtd.26/07/21.
4) Points :
In this case Ext. A1 to A6 documents prove the case of the complainant. Ext. A6 lawyer notice and A5 postal receipts specifically substantiate their demand as well. Under these circumstances, we find that the complainant established cogent case before this Commission since there is no contra evidence before us. Furthermore he established mental agony, loss and hardships and same is to be compensated by thereof.
In the result, complaint is allowed and hereby direct the opposite parties to pay Rs.55,000/- (Rupees Fifty Five thousand only) with interest @ 9% p.a. from the date of order till realization. Opposite parties are further directed to pay compensation of Rs.5,000/- (Rupees Five thousand only) and cost of Rs.2,000/- (Rupees Two thousand only) within 30 days from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of July 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Visiting Card of Second drive used car showroom
Ext. A2 print out of advertisement in OLX app.
Ext. A3 print out of statement of account of complainant from 29/06/21 to
30/06/21.
Ext. A4 print out of Statement of Account of the Jinfy Muhammed from
16/07/21 to 16/07/21.
Ext. A5 Postal Receipts (3 Nos.).
Ext. A6 copy of lawyer notice dtd.26/07/21.
Id/-
Member
