Covai.S.S.Mano son of S.Sundararajulu filed a consumer case on 20 Dec 2018 against The Manager K L N Automobiles P Ltd in the North Chennai Consumer Court. The case no is CC/44/2018 and the judgment uploaded on 23 Jan 2019.
Complaint presented on: 31.01.2018
Order pronounced on: 20.12.2018
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 20th 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 3rd 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 2nd 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 2nd 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 2nd 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 2nd 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 2nd opposite party till 18.03.2017 and the purchased Vehicle was handed over to the 2nd opposite party.
6. The complainant then sent a letter to 2nd 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 2nd 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 2nd 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 2nd 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 1st opposite party is said to be the main dealer and the 2nd opposite party is the sub-dealer from whom the vehicle was purchased by the complainant. The complainant has sent notice only to 2nd 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 2nd opposite party and also sought relief against the 2nd 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 2nd 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 2nd 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 2nd opposite party Therefore the 2nd 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 1st opposite party is liable to be dismissed.
In the result the complaint is partly allowed. The 2nd 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 1st opposite party is dismissed.
Dictated to the Steno-Typist transcribed and typed by her, corrected and pronounced by us on this 20th 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
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.