By. Sri. Chandran Alachery, Member:
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to deliver the vehicle as per booking No.W008381 dated 26.02.2014 and to pay a compensation of Rs.25,000/- and cost of Rs.5,000/- to the complainant.
2. Brief of the complaint:- The complainant had booked for a Honda Activa two wheeler with opposite party on 26.02.2014 as per booking No.W008381 after paying Rs.1,000/- as advance. The opposite party promised to deliver the vehicle within 2 months and informed the complainant to pay the balance value of vehicle on delivery date. After two months, when there was no information from opposite party, the complainant approached the opposite party but the opposite party could not give the exact date of delivery. The complainant came to know that the opposite party had delivered the Honda Active vehicle to others by overcoming the seniority. The complainant then send a registered notice to the opposite party, the opposite party did not respond. Again the complainant send notice on 17.05.2014 to the opposite party. Then the opposite party contacted the complainant over telephone and informed that the vehicle will be delivered on its availability. But the opposite party did not fulfill the promise. Hence this complaint.
3. On receipt of complaint, Notice was issued to opposite party and the opposite party's Notice was served on 16.07.2014. But the opposite party did not appear before the Forum and the opposite party is set ex-parte on 28.08.2014.
4. On perusing the complaint and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant then filed proof affidavit and produced documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to A8. Ext.A1 is the Booking Form. Ext.A2 is the Receipt for advance payment of Rs.1,000/-. Ext.A3 is the copy of Notice send to the opposite party by the complainant on 25.04.2014. Ext.A4 is the Postal Receipt of Notice send on 25.04.2014. Ext.A5 is the Acknowledgment Card of Notice received by the opposite party. Ext.A6 is the copy of the Notice send on 17.05.2014. Ext.A7 is the Postal Receipt and Ext.A8 is the Acknowledgment Card. On perusal of complaint and documents, the Forum found that the complainant had booked for the purchase of Honda Activa vehicle with opposite party as per booking form and paid the booking advance of Rs.1,000/- on 26.02.2014. The case of the complainant is that the opposite party had promised to deliver the vehicle within 2 months. But the opposite party did not deliver the vehicle to the complainant. The case of the complainant is that the opposite party had delivered the same vehicles to others by overcoming the seniority. The opposite party did not appear and deny allegations of the complainant. The Forum is of the opinion that there is nothing to disbelieve the case of the complainant. Hence the Forum found that there is deficiency of service from the part of the opposite party in delivering the vehicle to the complainant within the time. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favor of complainant, the complainant is entitled to get the cost and compensation, the opposite party is liable to compensate the same. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to deliver the Honda Activa two wheeler white colour to the complainant as per present value of vehicle after deducting the advance amount of Rs.1,000/- (Rupees One Thousand Only) within 30 days from the date of receipt of this Order. The opposite party is also directed to pay Rs.2,000/- (Rupees Two Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings. If the opposite party fails to comply the Order within the specified time, the complainant is entitled to get 12% interest for the above whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of September 2014.
Date of Filing:27.06.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1(Affidavit). K. M. Daniel. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Booking Form. Dt:26.02.2014.
A2. Receipt Voucher. Dt:26.02.2014.
A3. Copy of Notice. Dt:25.04.2014.
A4. Postal Receipt. Dt:25.04.2014.
A5. Acknowledgment Card.
A6. Copy of Notice. Dt:17.05.2014.
A7. Postal Receipt. Dt:17.05.2014.
A8. Acknowledgment Card.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
