BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI M.CHRISTOPHER,
PRESIDENT.
SRI K.VINODH REDDY,
MEMBER.
. . .
FRIDAY, THE THIRTIETH DAY OF JUNE, 2017
CONSUMER COMPLAINT No. 01 OF 2016
Between:
Rapolu Prakash S/o Rapolu Janardhan, Age: 39 years,
Occ: Business, R/o H.No.6-6-425, Opp: V.T.Colony,
Hyd-Road, Nalgonda Town and District.
…COMPLAINANT.
AND
Star Motors & Cars (I) Pvt.Ltd., Tata Motors Passenger Car
Dealer, Sy.No.170, Marriguda, Opp: Manasa Vihar Colony,
Hyd-Road, Nalgonda Town and District. Represented by its
Authorized Signatory.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing on this day, in the presence of Sri Ch.Nagaraju, Advocate for the Complainant, and the Opposite Party having been set exparte, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SRI M.CHRISTOPHER, PRESIDENT
1. This complaint was filed by Rapolu Prakash S/o Rapolu Janardhan, to direct the Opposite Party to pay a sum of Rs.80,565/- which includes compensation of Rs.25,000/- along with interest at the rate of 24% per annum on the initial amount of Rs.52,000/- which was paid by him.
2. The facts leading to filed this complaint are as follows:
As per complaint, the Complainant had paid a sum of Rs.52,000/- vide receipt No.100 on dated 30/10/2015 to the Opposite
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Party towards booking of a NANO-CX Model Car, on believing promise of Opposite Party. Which is to be delivered at Nalgonda from Main Branch situated at Mahaboobnagar Town.
3. In spite of number of representations made by the complainant, the car was not delivered, vexed with the Opposite Party behavior, the complainant asked for refund of the initial payment. A legal notice was served on the Opposite Party on 21/12/2015 and it was returned with an endorsement as “Refused, Returned to Sender. Hence, this complaint.
4. On receiving notice from this Forum, Opposite Party was present on 4/3/2016 and requested time to file Written Version, and case was posted to 16/3/2016, and he was called absent on that day, and case was posted to 22/4/2016, once again he was called absent and set exparte.
5. Exs.A-1 to A-5 are marked on behalf of the Complainant.
6. The points for consideration are:
1) Whether there was deficiency in service on the part of the
Opposite Party?
2) Whether the Complainant is entitled for the claims he made?
7. PONT No.1:
It is not in dispute that Complainant had paid a sum of Rs.52,000/- to the Opposite Party on 30/10/2015, vide Receipt No.100 (Ex.A-1) towards booking of NANO-CX Model Car. The Opposite Party did not respond properly towards delivery of car or to return the
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payment initial paid by the Complainant. In spite of receiving the legal notice, issued by the Complainant the Opposite Party refused to receive the same which was opened in the open Forum. The above acts of the Opposite Party shows the negligence towards his customers and establishes the deficiency in service towards the Complainant.
8. PONT No.2:
In the light of the above discussion, the Complainant is entitled for the amount he paid towards booking, i.e. Rs.52,000/- along with interest at the rate of 9% per annum, and also a compensation of Rs.10,000/-.
In the result, we direct the Opposite Party to deposit in this Forum a sum of Rs.52,000/- (Rupees Fifty two thousand only) along with interest at the rate of 9% per annum from 30/10/2015 till realization, and a compensation of Rs.10,000/- (Rupees Ten thousand only) and costs of Rs.2,000/- (Rupees Two thousand only) within 30 days from the date of receipt of this order. Hence, the complaint is partly allowed and rest of the complaint is dismissed.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 30th day of June, 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. None.
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EXHIBITS MARKED
For Complainant:
Ex.A-1 Dt.30-10-2015 Original Cash Receipt for Rs.52,000/-
issued by the Opposite Party.
Ex.A-2 Dt.21-12-2015 O/c of Legal Notice, issued by the counsel for the Complainant to the Opposite Party.
Ex.A-3 Dt.21-12-2015 Postal Receipts (2).
Ex.A-4 Dt.23-12-2015 Returned Postal Cover containing legal notice
Ex.A-5 Dt.26-12-2015 Returned Postal Cover containing legal notice
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri Ch.Nagaraju,
Advocate for the Complainant.
2). The Opposite Party.
