ADV. RAVISUSHA, MEMBER

            The complainant is a consumer within the definition of Consumer Protection act.  The 2^nd opp.party is the authorized dealer in Kollam of the 1^st opp.party.   The 1^st opp.party is the head of the authorized dealer of Maruthy Suzki Private Ltd.  In result of advertisement  through notice and media and inducement from opp.parties, complainant had entered into a contract with 2^nd opp.party for purchasing a vehicle new model Maruthi K 10 Vxi Alto Fire Brick read colour car, and the agreement was executed on 28..6..2012.   2^nd opp.party also made the complainant believe that 1^st opp.party will deliver the new vehicle to the complainant within time.   As per the agreement, the 2^nd opp.party promised to deliver the Maruthi K10 Vxi Alto Fire Brick read colour car to the complainant  on or before 29.6.2012 2^nd opp.party true value representative came to the complainant’s house and offered to exchange the complainant’s Maruthi 800 car and offered Rs.60,000/- for it.  On 28.6.2012 they received Rs.3,000/- from the complainant as advance payment.   As per the agreed terms, your client had offered Rs.60,000/- for the complainant’s Maruti 800 and an additional offer to the tune of Rs.56,000/- was also made to the complainant which was acceptable to the complainant and as per the requirement of 2^nd opp.party that is the manager, the complainant paid the balance amount of Rs.2,47,000/- on 29..6..2012 and assured that the vehicle will be delivered on 2.7.2012, it is a entered in the order booking/complainant checklist, and also assure the original bill will be sent by the complainant to the head office after few days.  But  the opp.parties failed to deliver the vehicle as promised.  On  3.7.2012 the complainant approached the 2^nd opp.party and enquired as to why the vehicle was not delivered.   Then the 2^nd opp.party demanded an additional amount of Rs.34,000/-.   The representative of the 2^nd opp.party has fraudulently corrected the invoice before demanding the additional amount for which he had no manner of right.  Complainant have already complied and fulfilled his part of the agreement and obeyed all directions, terms and conditions placed before complainant by 2^nd opp.party.  But 2^nd opp.party have failed to comply opp.parties part of the agreement and thereby caused great hardships to complainant.  Now the complainant’s old vehicle is under the custody of 2^nd opp.party .  The complainant had visited 2^nd opp.party office several time and requested the 2^nd opp.party to deliver the vehicle as early as possible, but 2^nd opp.party vehemently denied the request and willfully delayed the delivery of vehicle  Due to 2^nd opp.party’s negligence and deficiency in service the complainant and his family sustained financial loss, hardships and mental agony.   Due  to the deficiency in service  on the opp.parties part the complainant has been cheated by opp.parties and the complainant has sustained monetary loss of the tune of Rs.2,50,000/- plus Rs.60,000/- being the price of his old car.   Thus they have obtained unlawful gain of Rs.3,10,000/.     The above act of the opp.parties amounts to deficiency in service.  Hence filed  this complaint.

Points that would arise for consideration are:

1.     Whether there is deficiency in service on the part of the opp.parties?

2.     Reliefs and cost?

Points:1 and 2

The case it was posted to 6.9.2012 for the appearance of the opp.parties.   Though the opp.parties received notice, they did not appear.  Hence opp.parties were set ex-parte.

Complainant filed chief affidavit and six documents.   The documents were marked as Ext.P1 to P6.  Heard the complainant.  Since the opp.parties did not adduce any evidence we are constrained to rely upon the evidence of the complainant.   Through the complaint, chief affidavit and Ext.P1 to P6  the complainant proved  his case.   There is deficiency  in service and unfair trade practice on the side of the opp.parties.   The complainant is entitled to get relief.

In the result, the complaint is allowed in part.   The opp.parties are directed to deliver the new Maruti Alto Car K 10 Vxi Fire  Brick red along with  interest at the rate of 12% for  the amount of Rs.3,10,000/- lying with the 2^nd opp.party  since 29.6.2012 to the  complainant.  Opp.parties are also directed to pay Rs.25,000/- as compensation and Rs.2000/- as cost to the proceedings.  This order has to be complied with within one month from the date of receipt of the order.

          Dated this the 31^st day of October, 2012.

                                                I N D E X

P1. – Invoice

P2. – Order booking form

P3. –Index book

P4. – Advocate notice

P5. –Acknowledgement card

P6. – Postal receipt