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 2014 model vehicle to the complainant and if the opposite party cannot give back the 2014 model Bike, give back the purchase price of Rs.44,775/- to the complainant and to pay Rs.20,000/- as compensation for the loss sustained to the complainant and cost of the proceedings.
2. Brief of the complaint:- The complainant booked for a 2014 model new Bike (Dream Neo Bike) with the opposite party on 16.05.2014 by making an advance payment of Rs.44,775/- with the opposite party. On 26.05.2014, the opposite party delivered the Bike to the complainant. The complainant took the vehicle for Registration to Sub-Regional Transport Office, Sulthan Bathery and understood that the vehicle delivered by the opposite party to the complainant is of 2013 model. The complainant have no other way but to register the vehicle at that time with Registration No. KL 73 4851. When the complainant informed the matter to the opposite party, the opposite party did not care it. The opposite party delivered the vehicle by hiding the model of the vehicle and delivered it as if it is 2014 model. The act of opposite party is deficiency of service and unfair trade practice. Hence this complaint.
3. On receipt of complaint, notice was issued to opposite party and opposite party received the notice on 02.08.2014. But opposite party did not appear before the Forum and opposite party is set ex-parte on 04.09.2014.
4. On perusal of complaint, proof affidavit and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?.
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and filed documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to A4. Ext.A1 is the Receipt Voucher issued by opposite party to the complainant for the payment of Rs.44,775/- towards the purchase of the vehicle. Ext.A2 is the photocopy of Retail Invoice for the payment of tax, Ext.A3 is the photocopy of Sale Certificate, Ext.A4 is the copy of Registration Certificate. On perusal of these documents it is found that the complainant booked for the vehicle and delivery of the vehicle are in the year 2014. Ext.A4 shows that the year of manufacture of the vehicle is in the year 2013. on verifying the documents, the Forum found that the complainant booked for a 2014 model Bike but the opposite party supplied 2013 model Bike to the complainant. The act of the opposite party is nothing but deficiency of service and unfair trade practice. Point No.1 is found accordingly.
6. Point No.2:- Since the Bike supplied by opposite party is of 2013 model, there will be a value difference as regards to the value of vehicle in 2014 model. The present Bike used by the complainant does not have any complaint and the complainant is using the Bike till now, replacement of Bike is not necessitated. Return of purchase price is also not necessitated. The complainant is entitled to get the difference in model value alone and cost of the proceedings.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.10,000/- (Rupees Ten Thousand Only) as the difference in model value of the Bike delivered by opposite party to the complainant and Rs.1,000(Rupees One Thousand Only) as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which, the complainant is entitled to get 12% interest per annum for the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 10th day of December 2014.
Date of Filing: 19.07.2014
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. V. K. George. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Receipt Voucher. Dt:16.05.2014.
A2. Copy of Retail Invoice. Dt:17.05.2014.
A3. Copy of Sale Certificate.
A4. Copy of Registration Certificate.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
