Date of filing : 30-12-2011
Date of order : 05-03-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.364/2011
Dated this, the 5th day of March 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
K.Abdulla, S/o.Khader Haji, : Complainant
Khadeeja Manzil, Devi Nagar,
Po.Kumbla, Koipady Village, Kasaragod.Dt.
(Adv.K.Rama Patali, Kasaragod)
1. The Branch Manager, Har Cars, Nullipady, : Opposite parties
Po. Kasaragod.
2. The General Manager, Har Cars,
Kannothumchal Road, Kannur.
(Ops 1 & 2. Adv. M.Purushothaman, Hosdurg)
O R D E R
SMT.K.G.BEENA, MEMBER
The gist of the complaint is that, the complainant on 6-11-2010, by paying Rs.20,000/- in cash booked an Alto LXI Maruti car from opposite party No.1, opposite party No.1 issued the order booking form also to the complainant. Opposite party No.1agreed to deliver the car on 23-12-2010 before the date of marriage of the complainant’s wife’s elder sister’s son Riyad as the vehicle is booked in order to give as ‘Marriage Gift’ to Riyad. It is informed to the opposite party No.1 also. But opposite party No.1 failed to deliver the vehicle before the marriage as agreed by opposite party No.1 at the date of booking.
2. Opposite parties filed counter admitting the booking of the vehicle by the complainant on 6-11-2010. According to opposite parties the complainant was agreed to take delivery of the vehicle on 27-12-2010 since 24th, 25th ,26th of December 2010 fell holidays. But the complainant was not turned up insipte of repeated requests of opposite parties for no reason. Opposite parties sent a lawyer notice demanding the complainant to take delivery of the vehicle, but did not send any reply. Finally opposite party No.2 filed a suite before the Hon’ble Munsiff Court, Kannur against the complainant for an order of Mandatory injunction. The suit is still pending as OS.364/2011. The complainant is not entitled for any relief as claimed in the complaint.
3. Complainant filed proof affidavit. Exts A1 to A5 marked. Opposite parties was absent continuously. So the matter taken for orders opposite parties filed IA 245/13 to re-open the case. After re-opening the case also opposite parties was continuously absent.
4. The main questions raised for consideration are:
1. Whether there is deficiency in service on the part of opposite parties?
2. If so, what is the relief?
5. Issue No.1.
Complainant booked an Alto LXI Maruti car on 6-11-2010, Ext.A1 is the order booking form. The vehicle was booked in order to give a marriage gift to his wife’s elder sister’s son Riyad. ExtA2 is the certified copy of the wedding invitation of Riyad BA. But opposite parties failed to deliver the vehicle before the marriage of Riyad as agreed earlier. Complainant produced Ext.A3 lawyer notice sent by the opposite parties counsel on 4-2-2011 calling upon the complainant to take delivery of the vehicle from the garage of opposite parties within 3 days after paying the garage rent. Ext.A4 is the copy of the plaint in OS.364/11. Ext.A5 is the certified copy of order booking form. On 23-12-2010 complainant paid Rs.45,000/- to opposite parties. So total Rs.65,000/- was paid by the complainant to opposite parties and for the balance amount opposite parties arranged a loan with Mahindra Finance Company. Complainant was constrained to hand over 10 cheque leaves to Mahindra Finance of NMG Bank Kumbla branch for the purpose of collecting instalments of the car loan. In the beginning Mahindra Finance collected 2 instalments of Rs.6000/- each. Finally opposite parties failed to deliver the car on the date of marriage and complainant could not be gifted the car to his wife’s elder sister’s son on the date of marriage thereby suffered heavy mental pain and stress. The non-delivery of the vehicle at the time of marriage affected his dignity itself. While perusing the affidavit, documents and version we are of the opinion that there is deficiency in service on the part of opposite parties and the complainant is entitled for compensation for the loss and mental agony sustained to him.
6. Issue No.2.
While deciding the quantum, the gravity of the loss and mental agony sustained to the complainant is to be considered. Complainant wished to give a marriage gift to his wife’s elder sister’s son and booked the vehicle paying advance, arranged loan for the balance amount also. All his attempts failed due to the deficiency in service on the part of opposite parties. Opposite parties raised a contention in the version that 23-12-2010, 24-12-2010, 25-12-2010 are holidays. But did not produced any evidence for the same. The other contention raised by the opposite parties is that the vehicle was ready for delivery from 27-12-2010, if it is true, why did they send a delayed lawyer notice on 4-2-2011.
7. Considering Ext.A3, we presume that opposite parties was ready to give delivery of the vehicle on 4-2-2011. If they were ready to give delivery of the vehicle, on 27-12-2010, they would have sent lawyer notice on that date itself . It is not fair on the part of opposite parties demanding garage rent from 27-12-2010 as their lawyer notice date is 4.2.2011. If the vehicle is booked for personal use, party can take delivery of the same, when it is available in the shown room. But here it is booked to give as a marriage gift. After the date of marriage, the value of the ‘gift’ reduced and the complainant suffered heavy loss and mental agony, as he made all efforts to give the vehicle as a marriage gift. The non-delivery of the vehicle on the date of marriage affected his dignity itself. Hence the complaint is allowed. Opposite parties 1 & 2 directed to pay an amount of Rs.2,44,000/-with 12% from 24-12-2010 with a compensation of Rs.50,000/- and a cost of Rs.5000/- within 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Order Booking form.
A2. Copy of Marriage Invitation.
A3.4-2-2011 copy of lawyer notice.
A4. Copy of OS. No.364/2011.
A5.Copy of Order Booking Form.
PW1. K.Abdulla.
DW1. Shaji Tom
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDEN
