Date of filing : 11-01-2013
Date of Order: 29-09-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.09/2013
Dated this, the 29th day of September 2014.
PRESENT
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Moideen Kutty, S/o.Abdulrahiman, : Complainant
Kodangai House, Kalanad.Po,
Kasaragod.Dt
(Adv.George John Plamootil, Kasaragod)
The Manager, Pace Motors, : Opposite party
Adkathbail, Po. Kasaragod.Dt.
(Adv.Madhavan Malankad, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
Shorn of all averments the case of the complainant is that he booked one Honda Aviator-10 Scooter on 24-04-2012 by paying Rs.1000/- as advance. The opposite party agreed to deliver the scooter within 3 months from the date of booking. But the opposite party failed deliver the vehicle in time. Another allegation raised by the complainant is that opposite party skip over the booking. Due to the deficiency in service on the part of opposite party, complainant suffered mental agony and monitory loss. Hence the complaint for necessary redressal.
2. Sri.Madhavan Malankad filed version for opposite party denying that opposite party agreed to deliver the scooter within 3 months from the date of booking; it is further denied that complainant approached opposite party to get delivery of the vehicle as per alleged promise at the time of booking. Vehicle is delivered to the complainant on 11-02-2013. There is no deficiency in service on the part of opposite party, booking priority is not overlooked or skipped in any case. Complainant is not entitled to any amount by way of compensation.
3. Complainant filed proof affidavit. Exts.A1 to A4 marked. Opposite party’s counsel cross-examined the complainant. Both sides heard and documents perused.
4. Complainant deposed before the Forum that opposite party failed to deliver the vehicle in time as promised earlier. Moreover, opposite party skip over the booking and deliver the vehicle to other customers. Ext.A1 is the order booking form dated 24-04-2012. Opposite party in their version submitted that the vehicle is delivered to the complainant on 11-02-2013 obviously there is a delay of 10 months, which amounts to deficiency in service on the part of opposite party. Due to the deficiency in service on the part of opposite party, complainant sustained financial loss and mental agony, which has to be compensated.
Hence the complaint is allowed and opposite party is directed to pay compensation of Rs.5000/- with a cost of Rs. 2000/- to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Booking Form
A2. 1-1-2013 Copy of Lawyer notice.
A3.Postal acknowledgement card
A4. 11-2-2013 Cash Receipt Voucher
PW1.Moideenkutty
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MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
