Complaints filed on: 21-07-2022

                                                      Disposed on: 23-11-2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 23^rd DAY OF NOVEMBER 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.113/2022

Sri. K.N.Lakshminarayana

S/o Late K.Narasimhaiah,

Aged about 66 years, R/at

Narasimhanilaya, Saraswathipuram,

Maralur, Kunigal Road,

Tumakuru City.

……….Complainant

 (By Sri. T.Ramaiah, Advocate)

V/s

Sri. P.Chandrashekar

President, Karnataka Hindulidavara

Rakshana Sena (R), DSS Leader,

Nellurahalli, No.19/15, Renuka Nilaya,

White Field Bangalore East,

Bangalore city-560 066.

……….Opposite Party

 (Ex-parte)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint is filed the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP to pay an amount of Rs.1,80,000/- with interest from the date of claim till realization along with Rs.5,00,000/- towards mental agony and Rs.5,000/- each towards damages and legal expenditure together with interest @ 12% PA from the date of complaint till realization.

2.       The brief facts of the complaint are as under:-

The OP is a close friend of Manohar who is practicing advocate at Hosakote, Bangalore Rural District who introduced the OP to the complainant in the year 2017.  Thereafter the complainant expressed about purchase of 2^nd hand jeep to go to his lands with the OP and the OP told that 2^nd hand jeeps are available in cheap rate at Mangalore and after discussion with the OP, negotiated the Jeep worth of Rs.5,00,000/-.  Hence, the complainant is a customer/consumer of the respondent.  It is further submitted that after discussion and demand made by the OP, the complainant paid Rs.50,000/- to the OP by way of cash and subsequently the OP informed the complainant that the Jeep was ready for delivery and further demanded the complainant to made payment.  Accordingly, the complainant paid Rs.1,00,000/- under RTGS through his bank account maintained at SBI, Tumakuru.      

2(a).   The complainant further submitted that the OP informed the complainant that there is a delay in deliver of the said vehicle for the reason that due to heavy rain at Mangalore and demanded the complainant for further payment and hence the complainant paid Rs.30,000/- by way of cash. Thereafter the OP told that while bringing the Jeep, due to short circuit the entire electric system was burnt and therefore he left the Jeep at Chennai for repair and after repair of the same, the OP also sent photograph of the said Jeep to his son Mobile and thereafter the OP has not shown any interest to delivery.  Hence, the complainant requested through phone and also personally to deliver the vehicle, but the OP did not turn-up.  Therefore, the complainant got issued legal notice through his counsel on 10.06.2022, but the OP deliberately avoided to receive the legal notice though the OP is the well known person in the locality and this shows his negligent act and unfair trade practice.  Hence, without any alternative, the complainant filed this complaint.

3.       Notice issued by this Commission to OP returned with postal shara as “unclaimed”.  Hence, notice to OP considered as deemed to be served. 

4.       The complainant has filed his affidavit evidence.  The complainant produced some copies of documents, but not marked the same.

5.       We have heard the arguments of counsel for complainant.

6.       On perusal of complaint, affidavit and documents produced by the complainant, the points that would arise for our consideration are:

1)                    Whether there is any deficiency in service on the part of OP?

2)                     Whether complainant is entitled for reliefs sought for?

7.       Our findings to the aforesaid points are as under:

Point No.1: In the

Point No.2: As per the final order

:REASONS:

8.       The learned counsel for the complainant submitted that, the OP in spite of recipe of Rs.1,80,000/-, failed to deliver the 2^nd  hand Jeep to the complainant even though the complainant made several requests and demands and thereby committed deficiency in service.   

9.       To prove the case, the complainant has produced some copies of documents i.e. Document No.1 to 4.  Document No.1 is the Pass book pertaining to bank account of the complainant, Document No.2 is the Legal notice, Document No.3 is the postal RPAD and Document No.4 is the cover paper of address proof of OP.

10.     It is seen from the copy of the Statement/pass book pertaining the complainant’s S.B. Account that the complainant has paid an amount of Rs.1,00,000/- to the OP by way of RTGS through his account maintained at Tumkur Branch.

11.     The counsel for complainant submits that on the demand made by the OP, the complainant has paid Rs.30,000/- and Rs.50,000/- to the OP by way of cash towards purchase of 2^nd hand Jeep.  In this regard, the complainant has not produced any iota of evidence regarding payment. Further, the complainant has stated in his complaint that the OP has sent some photos of the Jeep to his Son’s Mobile.  Even the complainant has failed to produce the said photographs of the Jeep to show that the complainant is going to purchase the said Jeep and also not submitted any details regarding 2^nd hand Jeep i.e. name of the Jeep, model and year of manufacturing.  Hence, the complainant is entitled to claim only Rs.1,00,000/-.

12.  It is seen that the OP has remained absent in spite of receipt of Legal notice issued by the complainant and also notice from this Commission.  The OP has not produced any documents to disprove the allegation made by the complainant against him by appearing before this Commission even an opportunity was provided to him.  This goes to show that there is a deficiency of service on the part of OP. 

13. Due to the deficiency in service on the part of OP, the complainant compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.5,000-00 towards mental agony suffered by the complainant and Rs.5,000-00 towards litigation expenses. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OP is directed to pay Rs.1,00,000/- to the complainant with interest @ 6% PA from the date of payment i.e. 21.06.2019 to till realization

The OP is further directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation costs to the complainant

It is ordered that the above order shall be complied by the OP within 45 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties