D.o.F:4/05/2013
D.o.O:5/3/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.137/13
Dated this, the 5th day of March 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Aboobacker,
S/o Abdul Rahiman,R/at Madhur Road, Choori, : Complainant
R.D.Nagar Po, Kasaragod.
(Adv.A.M.Abdul Jamal,Kasaragod)
The Manager, Har Cars,
Har Avenue, Kannothumchal, : Opposite Party
Chovva Road, Kannur 670006.
(Adv. Babu Mandein)
ORDER
SMT.P.RAMADEVI : PRESIDENT
That the complainant Mr.Aboobacker filed this complaint alleging deficiency in service against opposite party .
That the complainant approached the opposite party in the sales mela conducted by opposite party with an intention to purchase an Alto 800 car on 21/3/2013 and the complainant booked one Alto car on that day and he was directed to approach the Kasaragod office on 23/3/13 and accordingly the complainant approached the opposite party and paid an amount of Rs.3000/- and the balance payment the opposite party promised to arrange loan through HDFC bank Kasaragod branch and the price of the vehicle is Rs.350240/- and they offered a consumer offer of Rs.25,000/- and being 2012 model there is further deduction of Rs.15,000/- and there is another deduction of Rs.5100/- for agriculturist and thus after deducting the above offers the total amount of the vehicle will be Rs.2,85,809/- and the booking of the car is registered as per ref.No.10764 and the opposite party promised to deliver the vehicle on 27/3/2013 or 28/3/2013. The complainant further submits that he is the registered owner of Maruti 800 car bearing register on KL14K.4438 and the opposite party purchased the above said vehicle for true value promising to pay Rs.1,72,000/- and after deducting the above sum the complainant has to pay only Rs.1,13,809/- to the opposite party for the new vehicle and there was a loan availed from NMG Bank for his car and the loan is to be cleared on 8/6/2016 and the opposite party promised the complainant to deliver the new vehicle on 27/3/2013 or 28/3/2013 and asked to clear the loan in respect of the old vehicle and then the complainant foreclose the loan paying Rs.1,58,747/- to NMG Bank on 25/3/13 and the vehicle is also taken possession by the opposite party on the same day. The complainant further submits that after deducting the sale proceeds of the old vehicle and the advance amount he has to pay only Rs.1,10,809/- to the opposite party and the opposite party promised that they will arrange the loan from HDFC bank Kasaragod in the name of complainant and promised to deliver the vehicle on 27/3/2013 or28/3/13 and the opposite party obtained complainant’s signature in various papers and documents and it is further submitted that the complainant approached the opposite party on 27/3/14 and at that time the opposite party informed that the loan is not granted and at that time the complainant informed that he is ready to pay the balance amount by cash, the opposite party had promised to deliver the vehicle on 28/3/13 and on that day the complainant approached opposite party with balance amount but the opposite party failed to deliver the vehicle without any reason and then the complainant asked to return his old car but that was also not done by the opposite party and subsequently the complainant came to know that the opposite party had delivered the vehicle which is booked by the complainant to another person. Hence the complainant filed this complaint alleging deficiency in service and for damages of Rs.62,600/- in various heads.
2. On receipt of notice from the forum the opposite party entered in appearance and Adv. Babu Mandein filed vakalath. Then the case was posted for filing the version of opposite party neither the counsel nor the opposite party present. After three consecutive posting no representation made for the opposite party. Hence the complainant filed proof affidavit and Exts.A1 to A7 marked.
3. Heard the complainant. No contra evidence on the side of opposite party. After considering the facts of the case we are of the opinion that there is deficiency in service on the part of the opposite party and the complainant is entitled for the damages.
Therefore the complaint is allowed directing the opposite party to pay Rs.62,600/- being the damages and Rs.3000/- towards cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.
Exts:
A1-4/4/13- Office copy of notice issued to the OP
A2- Postal acknowledgment
A3-First information sheet
A4-Sourching kit
A5-receipt cash voucher
A6-Customer docket
A7-receipt issued by NMG bank
MEMBER MEMBER PRESIDENT
eva
