D.o.F:15/2/2010 D.o.O:29/4/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.40/2010 Dated this, the 29th day of April 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Saseendran.K Panathil, S/o Koran.K, R/at Thejas, Nekly Po, Mylaty, : Complainant Udma,Kasaragod (Adv.Babuchandran,K.Kasaragod) The Manager, Speed Automobiles, : Opposite party Near SBT,PO.Thottada,Kannur.Dt. (Exparte) ORDER SRI.K.T.SIDHIQ : PRESIDENT Complainant advanced an amount of Rs.25,000/- on 19/12/2009 to one Suresh, the agent of opposite party towards the purchase of a Tempo Traveler vehicle worth Rs.890334/-. Opposite party is the dealer of the vehicle manufactured by FORCE Motors. At the time of accepting the advance amount Rs.25,000/- it was told to him that the vehicle will be delivered within one week from the date of payment of balance consideration. Thereafter the complainant remitted the balance Rs.845334/- vide D/D drawn on Bank of Baroda Uduma Branch. He also issued a cheque for Rs.20,000/- drawn on Bank of Baroda. As per the terms and conditions the vehicle ought to have been delivered on 31/12/2009. But opposite party did not deliver the vehicle as agreed. Later on enquiry made, opposite party assured that the vehicle will be delivered on 8/1/2010. But on that day also, opposite party did not fulfill their assurance. Thereafter complainant contacted opposite party several times over telephone . But there was no response. Hence this complaint is filed. 2. Notice to opposite party issued by registered post. Though the notice is served on opposite party, they did not care to appear before the Forum to defend the case. Hence opposite party had to be set exparte. 3. Complainant filed proof affidavit in support of his case Ext.A1 marked. 4. In the proof affidavit, complainant stated that after filing the complaint, opposite party has repaid Rs.8,89,334/- after deducting Rs.1000/-. Now the complainant claiming interest for Rs.890334/- from 24/12/2009 to 27/2/2010 @18% together with compensation and costs. 5. Heard Sri.Babuchandran , the counsel for the complainant. He submitted that on account of non delivery of the vehicle after accepting considerably a big amount say 890334/-rupees. The complainant had suffered much mental agony and opposite party repaid the amount only after receipt of notice from the Forum. Hence he argued that the complainant is entitled for compensation for mental agony suffered by the complainant and cost together with Rs.1000/- that the opposite party deducted while repaying the amount. 6. There is absolutely no contra evidence forthcoming from the part of opposite party. On an appraisal of the facts and circumstances of the case, we are of the view that the complainant is entitled for interest for 890334/- rupees for 2 months @9% per annum and also 1000/-rupees deducted by opposite party while repaying the amount with costs. Therefore, the complaint is partly allowed and opposite party is directed to pay interest @ 9% per annum for 890334/-rupees for 2 months ie 13355/- rupees together with 1000/- rupees that opposite party deducted from the amount advanced, with a cost of 2000/-rupees. Time for compliance is 30 days from the date of receipt of copy of the order. Failing which opposite party shall be further liable to pay interest @12% for 13355/-rupees from the date of order till payment. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Ext.A1-Offer acceptance form eva /Forwarded by Order/ SENIOR SUPERINTENDENT
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
