D.O.F:03/07/2023
D.O.O:30/11/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.199/2023
Dated this, the 30th day of November 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
George N.K.
S/o Kora Thomas
Nellikka Kuzhiyil House, Elerithattu,
West Eleri, Kasaragod district.
(Adv: Sindhu P K)
: Complainant
And
- The Manager,
Indus Motor Co. Pvt Ltd
Dealer code; RO 02 (RO)
Saidarpalli, Thalasseri – 670102.
- Indus Motor company Kanhangad
Represented by its manager
Mavungal, Post Anandasrama. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service and unfair trade practice on the part of opposite parties in connection with the exchange of his vehicle with a new Maruti Dzire VXI, wherein the Opposite party No.2 sold the complainant’s vehicle without his consent and failed to provide ordered vehicle to him within the stipulated time.
The brief facts of the case is that; the complainant contacted opposite party No.2 on 27/06/2022 in order to exchange his vehicle with a new Maruti Dzire VXI. All the terms of the services were discussed with the office bearers. On that day itself (27/06/2012) opposite party No.2 issued an exchange receipt citing the purchase amount of the ECCO 5 STAR AC as Rs.4,00,000/-. The complainant had made booking of the new Maruti Dzire VXI (Taxi) on the same day itself. And the op No.1 through opposite party No.2 had issued a proforma invoice on the same day. Believing the assurance made by the opposite party the complainant’s vehicle was kept in the custody of the op No.2 at Kanhangad. The opposite party No.2 assured the complainant to deliver his vehicle within 2 weeks from 27/06/2022 at the time of the promise of the exchange of the said vehicle with Maruti Dzire VXI with an exchange bonus of Rs.20,000/-. Thereafter the complainant had made many enquiries about the deal. But opposite party No.1&2 have evaded the delivery of the new vehicle by citing one or other reason. The complainant visited the office of opposite party at Kanhangad more than 7 times as per the instructions from the opposite parties. He has to travel all the way from East-Eleri to and from Kanhangad for more than 100 kilo meters. The complainant had suffered mental agony, stress and physical discomfort in addition to loss of money due to the irresponsible acts of the opposite parties. The complainant had waited more than 6 months. But the opposite parties have not made new vehicle available to the complainant. In the meanwhile, complainant got an information that the opposite party No.1 &2 had sold out the complainant’s vehicle. The complainant had not signed or delivered any sale letter to opposite parties. Allegation of the complainant is that the opposite party forged the signature of the complainant and sold out the complainant’s vehicle, which was put in the possession of opposite party No.2. The opposite parties had made part payment in the bank account of the complainant. After crediting a part of the sale consideration in the complainant’s account, opposite party misused the balance amount. The complainant had not entrusted the opposite parties to sell his vehicle. The opposite parties conjointly have committed rank-forgery by forgoing the complainant’s signature in the sale letter. In the meanwhile, complainant cancelled the booking of the vehicle and demanded opposite parties to return his vehicle. The complainant had suffered a loss of Rs.5,00,000/- due to the illegal act of opposite parties. The complainant booked the vehicle for using it as taxi for his livelihood. The delay in delivery of the vehicle caused severe mental agony and huge loss to the complainant. The complainant caused to send a registered notice to opposite party No.1 called upon him to make good the complainant’s loss of the said amount by way of compensation and also to entrust him the whole amount of the sale price of the vehicle within 10 days of the receipt of the notice. But they have neither make good the loss nor sent any reply. Therefore, the complainant prays for a compensation for an amount of Rs.5,00,000/- to the complainant as compensation for the lack of service and thereby causing damages to the complainant.
Notice of opposite parties 1&2 served. But they remained absent. Name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext.A1 to A4. The main issues raised for consideration are;
- Whether there is any deficiency of service or unfair trade practice on the part of opposite parties?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience, issues No.1 to 3 can be discussed together. The case of the complainant is that he contacted opposite party No.2 on 27/06/2022 in order to exchange his vehicle with a new Maruti Dzire VXI(Taxi). All the terms and conditions are discussed between them. And the complainant made booking for a Maruti Dzire VXI and the purchase amount of old vehicle has Rs.4,00,000/- is given. Ext.A1 is the Exchange receipt. The opposite party No.2 issued receipt for the same. Ext.A2 is produced to prove booking of the new vehicle. The complainant kept his vehicle in the custody of opposite party No.2 at Kanhangad and opposite party No.2 assured the complainant to deliver the new vehicle within 2 weeks form 27/06/2022. The opposite party No.2 offered an exchange bonus of Rs.20,000/- also. Thereafter opposite party No.1&2 evaded the delivery of the new vehicle by citing one or other reason. The complainant visited the opposite party’s office at Kanhangad more than 7 times. As per the instructions of opposite parties, the complainant had waited for more than 6 months. But the opposite parties had not made the new vehicle available to him. In the meanwhile, the opposite parties sold out the complainant’s vehicle. The complainant had not signed or delivered any sale letter to opposite parties. The opposite parties forged his signature and sold out the vehicle which was put in the possession of opposite party No.2. The opposite party had made part payment in his bank account. Ext.A3 is produced to prove part payment; it is the statement of Kerala Gramin Bank. After crediting a part of the sale consideration, opposite parties misused the balance amount. Due to lack of service from opposite parties, complainant had cancelled the booking of the vehicle and demanded them to return his vehicle. Ignoring that request, opposite parties had sold the vehicle. The complainant had kept his vehicle in opposite parties custody, but not issued sale letter to them moreover opposite party failed to deliver the new vehicle to the complainant thus made him to wait for more than 3 months and due to the act of forgery and sale of his vehicle The complainant suffered a loss of Rs.5,00,000/-. The acts of opposite party amounts to gross deficiency in service and unfair trade practice. The complainant has caused to send a registered lawyer notice which is produced as Ext.A4.
By evaluating the documents and affidavit, it is clear that complainant’s case tallies with the documents produced by him. The complainant had kept his vehicle with opposite party No.2 and placed order for a new Maruti Dzire VXI. The complainant and opposite party are entered into an oral agreement by which opposite party will make arrangements for the sale of the old vehicle and agreed to provide the new vehicle within two weeks and issued Ext.A2 on 27/06/2022. But the opposite party failed to deliver the vehicle to the complainant as promised. In the absence of rebuttal evidence, there is serious deficiency in service and unfair trade practice on the part of opposite parties in not delivering the new vehicle to the complainant. Due to the deficiency in service and unfair trade practice committed by opposite parties, the complainant had undergone untold miseries and huge financial loss. And the opposite parties No.1 &2 are jointly and severally bound to compensate the loss and agony undergone by the complainant. The prayer of the complainant is to get a compensation of Rs.5,00,000/- which is seen genuine. The complainant is entitled for relief. Complainant is entitled for the paid amount with interest and compensation and cost.
In the result, complaint is allowed directing opposite parties to refund Rs.4,00,000/- (Rupees Four lakhs only) with 9% from 11th July 2022 till payment with a compensation of Rs.25,000/- (Rupees Twenty Five thousand only) with cost of litigation of Rs.5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Exchange Receipt
A2 – Proforma invoice
A3 – Statement of Kerala Gramin Bank
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
