Date of filing : 19-10-2010
Date of order : 27 -01-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 218/2010
Dated this, the 27th day of January 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Manoj,
S/o. R.Keshava Pillai,
R/at Quarter No.III C2, } Complainant
KWA Staff Quarters,
Po.Vidyanagar, Kasaragod.
(Adv.C.Damodaran, Kasaragod)
The Branch Manager, } Opposite party
Har Auto Pvt.Ltd,
Nullipady, Kasaragod Taluk,
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Complainant’s case in brief is as follows:-
Complainant booked a MARUTI SWIFT DEZIRE car with opposite party on 5-5-2010 by paying an advance of `50,000/-. But at the time of delivery of the car on 20-08-2010 opposite party received full purchase price of the car without deducting the advance already paid by the complainant stating that as per their practice some incidental expenses has to be deducted and the refund of the advance will be only after such deductions only. At the time of delivery opposite party informed that some accessories and extra fittings were done worth `18,000/-. They further insisted the complainant to have more accessories to the car up to `50,000/- so that the entire advance amount can be adjusted. According to complainant he opted to buy accessories worth `18,000/- because according to opposite party the early delivery of the car can be effected only if the complainant opt to accessories. Though the complainant many a times approached opposite party for the refund of the balance in the advance amount i.e. `50,000/-, - `18,000/-, = `32,000/- they did not refund the amount instead insisted the complainant to purchase more accessories for which complainant is not willing. Therefore the complaint prays for an order against opposite party to refund `32,000/- together with `15,000/- as compensation for mental agony and suffering and `5000/- as costs.
2. On receipt of notice opposite party appeared through counsel and sought time for version. But thereafter they remained absent and no version is filed. Therefore opposite party had to be set exparte.
3. Complainant filed proof affidavit reiterating what is stated in the complaint. Exts A1 & A2 marked. Learned counsel for the complainant heard. Documents perused.
4. Ext.A1 is the order booking Form dated 05-05-2010. Ext.A1 shows that complainant paid `50,000/-towards the advance for a SWIFT DEZIRE VXI car. The total price of the vehicle shown in Ext.A1 is `5,55,418/- including insurance premium and incidental charges. Ext.A2 is FORM No.8B purporting to be an invoice towards the supply of consumable sale under Body, service charges, ACC-Teflon coating total costing `6,000/-.
5. According to the complainant he has purchased accessories worth `18,000/-and claiming the balance i.e. `32,000/- only. No explanation forthcoming from opposite party regarding the non-payment of balance `32,000/-.
6. The act of non-refunding the advance amount after deducting the price of the car accessories amounts to unfair trade practice. Therefore opposite party is liable to compensate the complainant for the loss and hardships suffered by him.
Hence the complaint is allowed and opposite party is directed to refund `32,000/- with interest @10% from 5-5-2010 to till date of payment together with a cost of `3,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1.Order Booking Form dt. 5-5-2010.
A2. 20-8-2010 Form No.88.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
Date of filing : 19-10-2010
Date of order : 19 -12-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 218/2010
Dated this, the 19th day of December 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Manoj,
S/o. R.Keshava Pillai,
R/at Quarter No.III C2, } Complainant
KWA Staff Quarters,
Po.Vidyanagar, Kasaragod.
(Adv.C.Damodaran, Kasaragod)
The Branch Manager, } Opposite party
Har Auto Pvt.Ltd,
Nullipady, Kasaragod Taluk,
(Adv. Babu Mandein, Kannur)
O R D E R
Complainant present. Opposite party represented. Matter settled. Opposite party paid `29,000/- vide cheque No.643046 drawn Punjab National Bank Branch Kannur. Complainant is satisfied. Hence the complaint is dismissed as settled.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
