Tamil Nadu

North Chennai

CC/44/2018

Covai.S.S.Mano son of S.Sundararajulu - Complainant(s)

Versus

The Manager K L N Automobiles P Ltd - Opp.Party(s)

party in person

20 Dec 2018

ORDER

 

                                                            Complaint presented on:  31.01.2018

                                                                Order pronounced on:  20.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL - PRESIDENT

 

TMT.P.V.JEYANTHI B.A.,  :                   MEMBER I

 

THURSDAY  THE 20^th   DAY OF DECEMBER 2018

 

C.C.NO.44/2018

 

 

Covai S.S.Mano,

Son of S.Sundara Rajulu,

Door No.V-2. RC.Enclave,

36, Selvam Nagar,

Ponniamman Medu,

Chennai – 600 110.

 

                                                                                    ….. Complainant

 

..Vs..

1.The Manager,

KLN Automobiles Pvt. Ltd.,

T98 3^rd Avenue,

Anna Nagar West,

Chennai – 600 040.

 

2.The Manager,

JK.Automobiles,

SG – 2, Aishwaryam,

No.25A, Redhills High Road,

Kolathur, Chennai – 600 099.

 

 

.....Opposite Parties

Date of complaint                                 : 09.04.2018

Counsel for Complainant                      : Party In person

 

Counsel for opposite parties                 : Ex – parte (17.05.2018)

 

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant to direct the opposite parties  to re-pay a sum of Rs. 53,025/- towards cost of  “Bajaj Platina” vehicle and also to pay a sum of Rs.1,00,000/- towards deficiency in service and unfair trade practice   with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant had booked for a two wheeler “Bajaj Platina” with the 2^nd opposite party on 02.02.2017 vide receipt No.1100168 and 1100169 for Rs.50,000/- and Rs.3,025/- respectively and the total payment is Rs.53,025/- being  the cost of the vehicle. Rs.50,000/-.was paid by transfer of bank account basis. The complainant was waiting to receive the motor cycle until 23.02.2017. Hence forth from 23.02.2017 the complainant was waiting until 18.03.2017 for the second opposite party to complete registration of the vehicle. But the second party did not turn up. Hence the complainant states that he had returned the vehicle to the second opposite party on 18.03.2017 duly obtaining their acknowledgement. The complainant had informed the owner, Manager and staff that he would only finally wait for receiving the vehicle duly after registration until 25.03.2017 and there after he will not accept the vehicle. The  second opposite party did not turn up to hand over the vehicle until 25.03.2017. The complainant had sent a letter by speed post on 31.03.2017 to the second opposite party to refund the amount of Rs.53,025/- in full i.e Rs.3,025/- paid in cash and Rs.50,000/- paid vide Bank account transfer, within 3 days from the receipt of the letter, if not, the amount should be returned along with nominal interest from the date of his payment through bank  transfer. The details of the bank account of the complainant was stated in the letter and he waited until 26.04.2017 for the second opposite party to return the amount. The complainant humbly states that no response of transaction was done until 26.04.2017 and the complainant sent a reminder letter No.1 on 26.04.2017 by speed post.  The second opposite party did not respond even to the reminder letter No.1.  Despite letter sent, the second party did not come forward to refund the amount of Rs.53,025/- paid by the complainant on 02.02.2017 i.e even after 11 months, which forced the complainant to issue legal notice on 29.01.2018. Hence the complaint is filed before this Forum.

          2. The opposite parties called absent and they were set ex-parte.

3. POINTS FOR CONSIDERATION:

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

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant booked a Two Wheeler “Bajaj Platina” with the 2^nd opposite party on 02.02.2017 vide receipts in Ex.A3. Copy of account transfer challan and proforma invoice are Ex.A1 and A2. The vehicle was delivered on 23.02.2017 and the copy of the Delivery Challan is Ex.A4 and it was also insured  in the name of the complainant vide copy of the Insurance certificate  dated 23.02.2017 in Ex A5. The contention of the complainant is that in spite of the vehicle delivered, the registration was not done by the 2^nd opposite party till 18.03.2017. Hence the complainant had returned vehicle and till date it had not been registered and attempts  to get it registered ended in vain, hence the complaint is filed  for  seeking  direction from the opposite parties  to  return back the amount paid for the vehicle with interest and also claimed  for deficiency in service and  for metal agony.

          5. Ex. A6 is the acknowledgment for handing over the vehicle by the complainant to the 2^nd opposite party. Ex.A1 to Ex.A5 proves that the complainant had purchased the vehicle on payment of  Rs.53,025/- and the vehicle was delivered and insurance  for the vehicle was done but the Registration was not completed by the 2^nd opposite party  till 18.03.2017 and  the purchased Vehicle was handed over to the 2^nd opposite party.

           6. The complainant then sent a letter to 2^nd opposite party in Ex.A7 and cancelled the booking and also sought for the refund of the paid amount and the details of  his  bank account was also mentioned in the letter.    A reminder letter in Ex. A8 was also sent and the letter was received by the 2^nd opposite party vide acknowledgement in Ex.A9. Ex.A10 is the copy of the application form for registration of the vehicle which is undated, but signed by the complainant and this shows that complainant had submitted the signed application to the 2^nd opposite party for obtaining registration certificate earlier and the payment was paid vide receipt in Ex.A11. By Ex.A12, it is proved that the registration was done and then it was transferred in the name of  one Mr. Jayavelu in the month of June 2017.  It is also argued by the complainant that it was transferred without his knowledge and later he came to know about the same.  Therefore it is made clear that the 2^nd opposite party  had not acted   in good faith and his act amounts to deficiency in service and unnecessarily, holding the  amount paid by  the complainant  till date. The 1^st opposite party is said to be the main dealer and the 2^nd opposite party is the sub-dealer from whom the vehicle was purchased by the complainant.  The complainant has sent notice only to 2^nd opposite party. Both the opposite parties have not filed the written version to controvert the case of the complaint and to put forth their case before this forum. Hence the case of the complainant is to be accepted as proved.  The complainant in this case has put forth his allegation only against 2^nd opposite party and also sought relief against the 2^nd opposite party only. As discussed in earlier paragraphs, the complainant has proved his case. Since the complainant has returned the vehicle to the second opposite party  he is  entitled to receive an amount  of Rs.53,025/-  paid  to the 2^nd opposite party for the cost of the  Bajaj Platina”  two wheeler  with 9% interest from the 02.02.2017  till date of payment.

07. POINT NO:2

          The vehicle is returned to the 2^nd opposite party and the acknowledgement is  Ex.A6 . The complainant has purchased the vehicle for his own use, having paid entire amount for the vehicle, but not utilized the same would have definitely caused him mental agony. The claim is only against the 2^nd opposite party Therefore  the  2^nd opposite party is directed to refund amount of Rs.53,025/- with 9% interest from the 02.02.2017 till  date of payment and also to pay a sum of Rs.50,000/- for deficiency in service and mental agony, besides a sum of Rs.5,000/- towards litigation expenses. The complaint against the 1^st opposite party is liable to be dismissed.

          In the result the complaint is partly allowed. The 2^nd opposite party is ordered to re-pay a sum of Rs.53,025/- (Rupees fifty three thousand and twenty five only) with  9% interest from 02.02.2017 till date of payment and also to pay a sum of Rs. 50,000/- (Rupees fifty thousand only) towards deficiency in service and mental agony to the complainant,  besides a sum of  Rs.5,000/-(Rupees five thousand only) towards litigation expenses. The complaint against 1^st opposite party is dismissed.

Dictated to the Steno-Typist transcribed and typed by her, corrected and pronounced by us on this 20^th day of December 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.01.2017                   Copy of Account Transfer challan

Ex.A2 dated 02.02.2017                   Copy of proforma Invoice

Ex.A3 dated 02.02.2017                   Copy of Receipt 1) Rs.3,025/- 2) Rs.50,000/-

Ex.A4 dated 23.02.2017                   Copy of Delivery Challan

Ex.A5 dated 23.02.2017                   Copy of Insurance Certificate

Ex.A6 dated 18.03.2017                   Copy of Handing over of vehicle certificate

Ex.A7 dated 31.03.2017                   Copy of letter sent to JK Automobiles

Ex.A8 dated 26.04.2017                   Copy of reminder letter-1 JK Automobiles

Ex.A9 dated 27.04.2017                   Copy of acknowledgement

Ex.A10 dated 20.03.2017                 Form 20 application for Registration

Ex.A11 dated 27.07.2017                 RTO receipt details

Ex.A12 dated 17.05.2018                 Transfer of ownership

                                                                                     

MEMBER – I                                                               PRESIDENT