IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 24th day of August, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No. 111/2012 (Filed on 20.06.2012)
Between:
Asha Kochumon,
Puthenparampil House,
Veliyara.P.O.,
Plankamon, Ayroor.
(By Adv. K.N. Mohanan) …. Complainant
And:
Sudersan. R.M.,
Proprietor,
AREM Motors,
Variyapuram,
Pathanamthitta. …. Opposite party
O R D E R
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that the opposite party is the dealer of New Holland Tractors. The complainant approached the opposite party for purchasing a New Holland Tractor and a compressor for her livelihood and the opposite party agreed to sell the same for ` 6,15,000 inclusive of all taxes. Accordingly, the complainant had placed an order for the same on 10.03.2011 by paying an amount of ` 64,000 as advance. At the time of booking opposite party assured to deliver the tractor within 10 days from the date of booking. The complainant also arranged a loan of ` 4,00,000 from Indus Ind Bank, Thiruvalla Branch for purchasing the same and they have issued the pay order for the said amount to the opposite party. But the opposite party failed to deliver the tractor as against his assurance. Therefore, the complainant demanded the advance deposit and the loan amount received by the opposite party. Thereafter, on 19.04.2011 the complainant issued notice to the opposite party demanding the entire amount received by the opposite party. In spite, the opposite party has not returned the amount as demanded by the complainant. Instead of returning the amount, opposite party sent a notice dated 11.07.2011 with untenable contentions. The non return of the amount by the opposite party is a clear deficiency in service which caused mental agony and financial loss to the complainant and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of an amount of ` 64,000, the amount paid by the complainant along with compensation of ` 25,000 from the opposite parties.
3. In this case, opposite party is exparte.
4. On the basis of the pleadings in the complainant, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit of the complainant and Exts.A1 to A3. After closure of evidence, the complainant was heard.
6. The Point:- The complainant’s allegation is that she had made a booking for a tractor for her livelihood by paying an advance amount of `64,000 to the opposite party, on the assurance of the opposite party to deliver the tractor within 10 days from the date of booking. She also paid ` 4,00,000 by way of loan availed from Indus Bank, Thiruvalla. But in spite of the assurance given by the opposite party, he had not delivered the vehicle so far. So the complainant demanded the refund of the amount given by the complainant. But he had not even returned the advance amount to the complainant. Instead of returning the advance deposit, he had sent a reply notice to the complainant with untenable contentions. According to the complainant, the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.
7. In order to prove the complainant’s case, the complainant had filed a proof affidavit along with 3 documents. On the basis of the proof affidavit, the documents produced were marked as Exts.A1 to A3. Ext. A1 is the copy of the order booking form dated 10.03.2011 issued by the opposite party in the name of the complainant. Ext.A2 is a copy of letter dated 09.04.2011 issued by complainant demanding the return of ` 64,000 and for the cancellation of the D.D issued from Indus Ind Bank, Thiruvalla Branch. Ext.A3 is the legal notice dated 11.07.2011 issued by the opposite party in the name of the complainant.
8. On the basis of the allegations and arguments of the complainant, we have perused the available materials on record and found that the opposite party had collected ` 64,000 from the complainant as booking advance for delivering a tractor and compressor to the complainant. According to the complainant, the opposite party has not delivered the tractor and compressor to the complainant as assured by him. Since the opposite party is exparte, we don’t find any reason to disbelieve the complainant’s allegations against the opposite party. Thus the complainant’s case stands proved as unchallenged. So the non delivery of the tractor and compressor by the opposite party is a clear deficiency in service. However, in the absence of any cogent evidence from the complainant. We are not inclined to allow the damages claimed to have been sustained by the complainant. Therefore, we found that this complaint is allowable in part.
9. In the result, this complaint is allowed in part, thereby the opposite party is directed to pay ` 64,000 (Rupees Sixty Four Thousand only) with 9% interest per annum from the date of filing of this complaint along with cost of ` 1,000 (Rupees One Thousand only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount. Since interest is ordered, no orders for separate compensation.
Declared in the Open Forum on this the 24th day of August, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 : Copy of order booking form dated 10.03.2011
issued by the opposite party to the complainant.
A2 : Copy of letter dated 09.04.2011 issued by complainant to
the opposite party.
A3 : Legal notice dated 11.07.2011 issued by the opposite
party to the complainant.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Asha Kochumon, Puthenparampil House,
Veliyara.P.O., Plankamon, Ayroor.
(2) Sudersan. R.M., Proprietor, AREM Motors,
Variyapuram, Pathanamthitta.
(3) The Stock File.
