IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 25th day of February, 2010
Filed on 20/11/2008
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.275/2008
between
Complainant:- Opposite Parties:-
Sri.K.V.Iype 1. The General Manager
Kochukudiyil, Kuthukuzhy P.O. Maruthi Udyog Ltd.
Kothamangalam Palam, Gurgaon, Haryana
(By Adv. G. Harikumar)
2. The Manager
Hercules Automobiles International (P) Ltd.
S.D.Pharmacy Building
Near Iron Bridge, Alappuzha
(By Adv. C. Parameswaran)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. K.V. Iype has filed this complaint on 20.11.2008 before the Forum alleging deficiency in service on the side of the opposite parties. The brief facts of the allegations of the complainant are as follows:- On 22.4.2008 he had paid a sum of Rs. 5,81,000/- to the 2nd opposite party for the purchase of one “Swift DZIRE VD1” Car manufactured by the 1st opposite party, on the basis of the assurance given by the 2nd opposite party to deliver the car within one month from the date of 22.4.2008. At the time of remittance of the said amount, 2nd opposite party had assured that the remittance amount will carry 12% interest from the date of payment till the date delivery. It is stated that the complainant had obtained the amount for the purchase of the vehicle was by way of a loan of Rs.3,50,000/- @ 12% interest from M/s.Federal Bank Ltd., Kothamangalam. 2nd opposite party had not delivered the said vehicle within the agreed period of one month. In addition to that the 2nd opposite party directed him to remit an additional amount of Rs.23,269/- since the price of the vehicle is enhanced. The 2nd opposite party had denied any rate of interest for the remitted amount from 22.4.2008 to 4.8.2008. He remitted the additional amount of Rs.23,269/-. He got delivery of the vehicle only on 4.8.2008. It is further alleged that the 2nd opposite party had collected a sum of Rs.1050/- from him towards registration charges as against Rs.450/-. He had not obtained any relief from the opposite parties regarding the interest for the full remittance amount excess amount collected for the vehicle, and registration charges. Hence this complaint.
2. Notices were issued to the opposite parties. They entered appearance before
the Forum and filed detailed version. In the version of the first opposite party, it is stated that the complainant is not a consumer and the complaint is wholly misconceived, groundless in unsustainable. It is stated M/s.Maruthi Suzuki India is not a party to the booking and is not liable in any manner and that the complainant has agreed to pay price prevailing at the time of delivery under the order of booking form. The delivery of the car was depending upon the seniority of the complainant in terms of date of deposit and that the complainant has no right to get delivery in super cession of seniority of other customers.
3. In the version of the 2nd opposite party, it is stated that they never insisted the
complainant to purchase the vehicle in issue and stated that they never assured the complainant that the vehicle would be delivered within one month from 22.4.2008. It is stated that there is no contract between them that the price paid in advance will carry 12% interest from the date of payment till the date of delivery. It is further stated that the complainant is liable to pay the enhanced price of the vehicle at the time of delivery; and that they have not charged any extra amount for registration purpose. It is further stated that they have not adopted any unfair trade practice and that the complainant had not suffered any mental agony and inconvenience as alleged by him.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration:-
(1) Whether there is any deficiency in service on the part of the opposite parties?
(2) Whether the complainant is entitled to get the interest for the deposited
amount from 22.4.2008 to 4.8.2008?
(3) Other reliefs.
5. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case
and produced documents in evidence – Exts.A1 to A8 were marked. Ext.A1 is the order booking form on 28.4.2008, issued to the complainant, stating the details of the vehicle, amount of the vehicle etc., condition to pay the interest for the booking amount is shown on the reverse page. Ext.A2 is the legal notice sent by the complainant to the opposite parties stating the matter of payment of interest and compensation. Ext.A3 and A4 are the acknowledgement cards. Ext.A5 is the reply notice of the opposite parties to the complainant. Ext.A6 is the provisional receipt dt. 2.8.2008 showing the remittance of balance payment of Rs.23,269/- by the complainant. Ext.A7 is the provisional receipt for the remittance of Rs.1500/- on 2.8.2008 by the complainant to the 2nd opposite party towards the registration PD1 charges. Ext.A8 is the notice of the vehicle delivery was in the transit on date 22.7.2008.
6. First opposite party filed the proof affidavit along with documents – Ext.B1
series – second opposite party submitted that they have no oral evidence. Ext.B1 series are the order of booking form with conditions on line vehicle enquiry details – delivery chellan of the schedule vehicle – 4.8.2008 is the delivery date.
7. We have carefully examined the whole matter involved in this case and perused the documents produced by both parties in evidence. On 22.4.2008 the complainant have booked the schedule vehicle, after remitting the full amount prevailed at that time. It is alleged that the vehicle was to be delivered within one month from the date of that remittance. But, without giving the said vehicle as agreed, the 2nd opposite party directed the complainant to remit an additional amount of Rs.23,269/- complainant had remitted the said amount on 2.8.2008 and paid the amount of Rs.1500/- towards the registration charges (Ext.A7 and A8). It is also alleged that the 2nd opposite party had collected excess amount by way of registration charges. On 4.8.2008, the 2nd opposite party delivered the vehicle, after 4 months from the date of first payment of entire amount of the vehicle. It is seen that the opposite parties have taken inordinate delay in delivery of the said vehicle. The opposite parties are bound to give the vehicle in time. It is further alleged that the opposite parties have not released the interest for the full amount from the date of remittance up to the date of delivery. Ext.A1 document shows that details of payment of interest for the booking amount from the date of deposit till the date of delivery. The clause is silent with regard to the specified rate of interest for the deposited amount. The complainant was deposited the full amount of the vehicle on 22.4.2008. Considering the whole facts and circumstances of the matter, we are of the strong view that the opposite parties are fully bound to pay interest, from the date of remittance ie. 22.4.2008, till the date of delivery of the vehicle ie. 4.8.2008. The whole matter of this case shows that there is inordinate delay in supply of the vehicle in time and willful refusal to pay interest for the remitted amount even though it is stipulated in the order booking form. The said action will came under the purview of deficiency in service and negligence and unfair trade practice on the side of the opposite parties. So the complainant is entitled to get compensation. The issues are found in favour of the complainant. Hence, we are of the view that the allegations of the complainant are to be treated as genuine and complaint is to be allowed.
In the result, we hereby direct the 2nd opposite party to pay interest at the rate of 12% from 22.4.2008 to 4.8.2008 for the amount of Rs.5,31,000/- and further pay an amount of Rs.2000/- (Rupees two thousand only) towards compensation, for the mental agony, pain, harassment, loss and inconvenience of the complainant due to the inordinate delay in supplying the vehicle within the agreed time of one month and willful refusal to pay interest for the deposited amount in time by the 2nd opposite party and further pay a sum of Rs.1000/- (Rupees one thousand only) as costs of this proceedings. We further direct the 2nd opposite party to comply with this order within 20 days from the date of receipt of this order.
Pronounced in open Forum on this the 25th day of February, 2010.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Order booking form on 28.4.08
Ext.A2 - Legal notice sent by the complainant to the opposite parties
Ext.A3 & A4 - Acknowledgement cards
Ext.A5 - Reply notice of the opposite parties to the complainant
Ext.A6 - Provisional receipt dt. 2.8.08
Ext.A7 - Provisional receipt for Rs.1500/-
Ext.A8 - Notice of the vehicle delivery dt. 22.7.08
Evidence of the opposite parties:-
Ext.B1 series - Order booking form with conditions
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties /S.F.
Typed by:-pr/-
Compared by:-
