IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 13th day of April 2022.
Filed on 22. 9. 2021
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. C K Lekhamma, B.A., LLB (Member) In
CC/No.222/21
between
Complainant:- Opposite party:-
Sri. Sharman, Sri.Jijo,
S/o Kannappan, Valiyaveedu,
Mangalasseril House, Ramapuram, Chembumpuram P O,
Keerikkad P O., Alappuzha-690508. Alappuzha.
(Exparte)
O R D E R
C.K.LEKHAMMA(MEMBER)
Brief facts of the complainant’s case are as follows:-
On 26.07.2021 the complainant had approach the opposite party for purchasing a Vespa scooter. On the same day itself he had paid Rs.5,000/- for advance and on 13.08.21 he paid another sum of Rs.25,000/-, altogether he paid Rs.30,000/- to the opposite party. The opposite party assured the complainant that the same day itself he is ready to deliver the scooter. Even though the complainant approached the opposite party several times, the opposite party did not deliver the vehicle till date and avoiding the complainant with untenable reasons. The said acts of opposite party amounts to deficiency in service hence the complainant approached this Commission for seeking following reliefs:-
-
2. The points that arise for consideration are as follows:-
- Whether the opposite party has committed any deficiency in service? if so what is the quantum of compensation?
- Whether complainant is entitled to refund Rs.30,000/- from the opposite party?
- Reliefs and costs?
3. The complainant appeared in person, he filed proof affidavit and Ext.A1 and A2 were marked on behalf of him. The opposite party remained absent. Hence declared exparte.
4. Point No.1 and 2.
According to the complainant he paid an advance amount of Rs.30,000/- to the opposite party as booking amount and he produced Ext.A1 and A2 for proving the transaction. He alleged that the opposite party promised to deliver the vehicle on the same day itself. Despite the said promise and assurance by the opposite party the same was not delivered. On perusal of evidence it is seems that Ext.A1 and A2 are the order booking forms. The date of delivery is not mentioned in that documents. However, the opposite party failed to convinces that they are not intentionally delay in supply or not any ulterior motive behind to the non delivery of the vehicle. Despite the receipt of the notice they failed to appear before the Commission and convinced their part. The evidence of the complainant remained unchallenged. In the absence of contrary evidence we found that the opposite party committed deficiency in service to deliver the vehicle in time. Therefore they are liable to compensate the complainant. Moreover the complainant is entitled to refund Rs.30,000/- with interest from the opposite party and the opposite party is also liable to pay cost of the proceedings since they ought to have settled the dispute at the very outset.
Point No.3
Accordingly we allow the complaint as follows:-
- Opposite party is directed to refund Rs.30,000/- (Rs. Thirty thousand only) with 9% interest per annum from the date of complaint till realization.
- Opposite party is directed to pay Rs.5,000/- (Rs. Five thousand only) as compensation for deficiency in service.
- Opposite party is directed to pay Rs.1000/- (Rs.Thousand only) towards litigation cost to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 13th day of April, 2022.
Sd/-Smt. C.K.Lekhamma (Member)
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Order Booking Form dated 2/7/21
Ext.A2 - Copy of Order Booking Form dated 13/8/21
Evidence of the opposite parties:-Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:-Br/-
Compared by:-
