Karnataka

Kolar

CC/127/2023

Amara Jyothi Primary and High School - Complainant(s)

Versus

The Manager, M/s. PSN Automotive Marketing Pvt Ltd - Opp.Party(s)

24 Nov 2023

ORDER

Date of Filing: 22/09/2023

Date of Order: 24/11/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated:24^thDAY OF NOVEMBER 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO: 127/2023

Amara Jyothi Primary &

High School,

Dr. Vasudeva Reddy Layout,

Mulbagal-563 131,

Kolar District,

Rep. by its Secretary,

R. Ashok Kumar.

(Rep. by Sri. K.P. Ramesh. Advocate)          ……. Complainant.

 

                                                 - V/s –

1. The Manager,

M/s. PSN Automotive Marketing Pvt. Limited,

(Authorised Dealer for Eicher),

# 380, Ittina Centre 16^th Main,

3^rd Block Koramangala,

Bangalore-560 035.

 

2. Sri. Shivappa

Sales Executive,

M/s. PSN Automotive Marketing Pvt. Limited,

(Authorised Dealer for Eicher),

# 380, Ittina Centre 16^th Main,

3^rd Block Koramangala,

Bangalore-560 035.                                                             

(Exparte)                                                            ..….Opposite Parties.

 

 

-: ORDER:-

BY SRI. SYED ANSER KALEEM, PRESIDENT.,

1. That the complainant has filed this complaint Under Section 35 of the Consumer Protection Act 2019 against the OPs alleging deficiency in service and pray for direction to OPs to deliver the vehicle as agreed and to pay compensations of Rs.4,90,000/- towards suffering, mental agony and to award cost of the proceedings.
2. The brief facts of the complaint is that, the complainant is the secretary of Amara Jyothi Primary and High School on 26-05-2023 who in order to purchase the school bus booked the vehicle with a seating capacity of 30+1 Yellow Colored School Bus and accordingly complainant paid Rs.50,000/- as advance booking amount to the OP and agreed to purchase the said vehicle for an amount of Rs.19,84,000/-.

 

3. It is stated that, in order to purchase the vehicle, complainant got obtained the loan amount of Rs.18,00,000/- on 05-06-2023 from the Kotak Mahindra Bank Bangalore.  It is stated that, the complainant bank after deducting the bank charges to an extent of Rs.10,000/- and remitted Rs.17,90,000/- to the OP on      05-06-2023.  It is stated that, as per the booking form OP promise to deliver the vehicle within 15 days whereas, the Ops subsequent to receiving of the  amount to an extent of Rs.18,40,000/- but the OP for the reasons best known to them failed to deliver the school bus  as promised. 

 

4. Further stated that, on 06-07-2023 complainant has sent an E-mail message with an attachment of letter to the OPs and pleaded their difficulties for non delivery of the Bus as agreed.  Further stated that, subsequent to disbursement of the loan amount that the bank as immediately recovering EMIs regularly from the complainant till date towards loan amount, but the OPs till today despite several remainders failed to deliver the vehicle as promised.  Further stated that, complainant also got issued the legal notice dated:    10-08-2023 to the OPs but despite service of notice OPs failed to reply to the legal notice.
5. It is stated that, due to act of Ops complainant put into irreparable loss and hardship and under gone embarrassment and financial loss due to committing deficiency in service on the part of the OPs.  Hence this complaint.

 

6. On issuance of notice to the OP No. 1 & 2, but the OPs despite service of notice failed to appear before this Commission in order to answer the claim of the complaint, consequently OPs placed exparte.

 

7.  In order to prove the case of the complainant and the  complainant filed its affidavit evidence along with the copies of the documents.

 

8.  On the basis of the available pleadings and evidence placed on record the following points will do arise for our consideration:-

             (1) Whether complainant has proved deficiency in service on the part of the OP No.1 & 2 as alleged in the complaint?

             (2) Whether the complainant is entitled for the relief as sought in the complaint?

             (3)  What Order?

Heard the arguments.  Perused the evidence placed on record and our answers to the above points are as follows:-

 

POINT No.(1) & (2):-  In the Affirmative.

POINT No.(3):-          As per the final order

                                  for the following.

 

 

 

                                    REASONS

9. POINT No. (1) & (2):   These points are interlinked to each other and in order to avoid repetition of discussion of facts and for the sake of convenience, these points are taken up together for common discussion.

 

10. On perusing the averments made in the complaint petition, it is the specific case of the complainant is that who is the secretary of the Amara Jyothi Primary and High School and in order to facilitate the students for schooling purpose with an intension to purchase Yellow Colored bus complainant approached the OPs on 26-05-2023.  Further, after negotiations with the OPs, complainant agreed to purchase the said Yellow Colored Bus for an amount of Rs.19,84,000/- and accordingly complainant paid Rs.50,000/- to the OPs as an advance amount and booked the vehicle and the OPs promised to deliver the vehicle within 15 days after the full payment.

 

11. Further complainant stated that, in order to purchase the said vehicle, complainant got obtained the loan amount of Rs.17,90,000/- from the Kotak Mahindra Bank Bangalore and the bank directly paid to the OP No.1 to an extent of Rs.17,90,000/- and Rs.10,000/- deducted towards the bank charges.  Whereas, the OPs failed to deliver the vehicle within 15 days as promised.  Hence this leads to filing this present complaint.

 

12. In order to prove the case of the complainant, complainant filed his affidavit evidence along with supporting documents.  On perusal of the affidavit evidence complainant deposed that subsequent to the disbursement of the loan to the OP and he is regularly paying EMIs to an extent of Rs.38,250/- and paying EMIs regularly till date without delivery of the vehicle and hence complainant is suffering mental torture as well as financial loss.  On perusal of the booking form i.e document No.1 issued by PSN Automotive Marketing Private Limited(OP.No.1) it discloses that, the cost of the vehicle is agreed to purchase for an amount of Rs19,84,000/- and the complainant duly paid Rs.50,000/- as an advance amount, in order to book the vehicle as averred in his complaint on 26-05-2023.  Further on perusing the terms and conditions of the booking form issued by OP No.1 as mentioned at serial No.4 of the terms and conditions of sale, it clearly discloses that vehicle will be delivered only after 15 days from the date of receipt of the full payment of the vehicle.  Further on perusal of the statement of the Kotak Mahindra Bank and the letter dated 09-06-2023 of the bank it discloses that, it addressed the letter to the One Ashock Kumar who is the secretary of the education institution (complainant) and   Document No.2, it discloses that, the loan amount of Rs.18,00,000/-was sanctioned and after deducting bank charges to an extent of Rs.10,000/- and Rs.17,90,000/- directly paid to the OPs by the bank.  Further first EMI due date shown as 05-07-2023 and per month EMI is fixed for Rs.38,250/- and the tenure of repaying the loan is fixed for 60 months.  Further on perusal of delivery letter document No.3 it discloses that, the bank directly paid Rs.17,90,000/- to the M/s. PSN Automotive Marketing Pvt. Limited Bangalore i.e OP No.1.  Overall perusal of the documents No. 1 to 3, it clearly substantiate the case of the complainant without any Iota of doubt and these documents supports the case of the complainant.  Further on perusal of the bank statement document No.4, it discloses that the complainant paying the agreed EMIs to an extent of Rs.38,250/- regularly from his account as also same is  evident by the statement of account maintained in the Bank of Baroda Mulbagal pertaining to the amount of the complainant.  These two documents clearly reveals the regularly EMIs paid to the OP.

 

13. It is the allegation of the complainant is that though complainant requested the OPs through e-mails and the legal notice, OPs failed to deliver the vehicle.  Further in order to substantiate these allegations complainant filed the copy of e-mail along with letter dated 06-07-2023 and      03-08-2023 and 07-08-2023.  Further on perusal of the legal notice dated 10-08-2023 along with the postal receipts and the copies.  It also discloses that, though complainant as sent a couple of remainders through e-mail and despite service of legal notice as evidenced by the postal acknowledgment and the receipts, but the OPs despite several remainders failed to deliver the vehicle.  Further the non delivery of the school bus as agreed it is highly deplorable act of the OPs and it obviously made the complainant to suffer a lot as he averred in the complaint regarding mental agony and financial loss. 

 

14. It is note worthy to mention that, despite service of notice from this Commission the OPs failed to appear before the Commission to answer the claim of the complainant and also failed to reply the legal notice and subsequent to receival of the money from the complainant OPs failed to delivered the vehicle as promised and this deplorable act of OPs is nothing but unfair trade practice and enriching at the others hard earn money and it obviously leads to deficiency in service on the part of the OPs.
15.   It is note worthy to mention that, that the complainant placing all relevant evidence on record proved that, he has duly paid total amount of Rs.18,40,000/- to the OP.  Further complainant due to burning need of an school bus to facilitate the students against the non delivery of the vehicle by the OPs, they have hired the service of the private vehicle for transportation of students from their home to school and incurred expenditure of Rs.69,300/-, 72,450/-, 69,300/-, 69,300/-, 56,700/- and till delivery of the vehicle by the OPs. Complainant continuously incurred expenditure as stated supra. 

 

16. On looking into the facts and circumstances of the cases and the documents placed on record and in absence of any rebuttable evidence we bound to accept evidence placed on record to resolve the issue.  On the basis of the discussion made above and the evidence placed on record complainant paid Rs.18,40,000/- and Rs.10,000/-for bank charges and in addition to that complainant incurred the private vehicle charges which was arranged for the students transportation from their home to school.  Under the circumstances we deem it just and proper to direct the OP No.1 to pay Rs.18,50,000/- along with interest @ 12.5% as levied by Kotak Mahindra Bank as per the document No.3 to the complainant from the date of sanctioning the loan till realization of the amount.  Further law will not allow to have a cake and eat it too, that the OP by receiving the hard earned  money of the complainant, by keeping the money and non delivered the vehicle as promised, it is nothing but have a cake and eat it too.  Further due to act of the OPs complainant suffered mental agony for which OPs is also liable to pay Rs.1,00,000/- as compensation.  Accordingly we answer the point No.1 & 2 in the Affirmative.
17. POINT NO. (3):-   On the basis of answering the Point No. (1) & (2) and the reasons assigned thereon, we proceed to pass the following.

                                       ORDER

1.  The complaint is hereby allowed with cost.
2.  That the OP No.1 is directed to deliver the Yellow colored School Bus with a configuration of 2065E. 30+1 (as shown in terms of the booking form) within 15 days along with compensation of Rs.1,00,000/- failing which, OP No.1 is directed to refund the amount of Rs.18,50,000/- to the complainant along with interest @ 12.5% pa from the date of payment till its realization within 30 days.
3. Further OP No.1 is directed to pay Rs.1,00,000/- compensation to the complainant.
4. Further OP No.1 is also directed to pay Rs.2,000/- towards the cost of the proceedings.
5. Send a copy of this order to both the parties at free of cost.

   (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 24^th DAY OF NOVEMBER 2023)

 

 

 

 

                MEMBER                           PRESIDENT