By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to provide back alloy wheel white to the Complainant and to pay Rs.8,500/- being the expenses and losses incured by the complainant and to pay Rs.2,50,000/- as compensation and cost of the proceedings.
2. Case in brief:- The Complainant is the RC owner of KL 2C 8538 Bajaj Pulsar Motor Cycle. The Complainant purchased the vehicle from Opposite Party. The back wheel of the bike showed some complaint and when it was serviced with Opposite party, Opposite party advised the Complainant to replace the alloy wheel for which the Opposite Party has obtained Rs.1,000/- as advance on 28.11.2013. Receipt also issued by Opposite party. The Opposite Party instructed the Complainant to come after one week stating that there is no stock of the alloy wheel and it is to be collected from their Kozhikode office. When approached after one week, Opposite Party sought further time. The Complainant approached the Opposite party five times. Since the motor cycle is not in running condition the Complainant is compelled to hire taxi. On 03.12.2014, when the Complainant approached Opposite party the Opposite Party informed the Complainant that the company stopped the production of alloy wheel and so the same is not available. The Opposite Party advised the Complainant to fit the black alloy wheel instead of the white alloy wheel. If so it will look awkward. Hence there is deficiency of service from the part of Opposite Party and the Complaint is filed.
3. On receipt of complaint, notice was issued to Opposite Party and Opposite Party
appeared before the Forum and filed version. In the version the Opposite Party, the Opposite Party admitted the receipt of advance money of Rs.1,000/- and offered to supply it within one week. Within 2 weeks, the Opposite Party collected the alloy wheel and informed the complainant and Complainant approached the Opposite Party and bargained the price of alloy wheel. The Complainant did not receive the alloy wheel and there is no deficiency of service from the Part of Opposite Party. The Opposite Party is ready to supply the alloy wheel even now on payment of balance amount.
4. On going through the complaint, version and documents, the forum raised the following points for consideration.
1. Whether there is any deficiency of service from the part of Opposite Party?
2. What order as to cost and Compensation?
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and Ext.A1 and A2 is marked. Opposite Party also filed affidavit and Opposite party is examined as OPW1. The Opposite party in the version stated that Opposite Party arranged alloy wheel white within 2 days of its booking and informed the Complainant to take the wheel. There is document for proving it. In cross examination the OPW1 stated that the Opposite Party informed the Complainant over telephone but not produced any documents to prove it. Ext.A2 is the document which proves the payment of advance amount for booking the alloy wheel white. The Opposite Party admitted it also. It is upto the Opposite party to prove their case. If the Opposite Party collected the alloy wheel as contended what prevented the Opposite party to send a registered notice to the Complainant demanding the complaint to come and accept the wheel after paying the balance amount. So Forum is the opinion that the Opposite party failed to prove their case. So there is deficiency of service from the part of Opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Opposite Party is liable to pay the cost and Compensation.
In the result, the complaint is partly allowed and the Opposite Party is directed to provide alloy wheel white to the Complainant as agreed if it is available, and if it is not available refund the amount of Rs.1,000/- (Rupees One thousand) only being the advance amount received by Opposite Party with an additional compensation of Rs.3,000/- (Rupees Three thousand) only for the default of the non supply of alloy wheel white to the Complainant. The Opposite party is also directed to pay Rs.2,500/- (Rupees Two thousand Five hundred) only as compensation 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 29th day of November 2014.
Date of filing:20.02.2014.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Hamza Complainant.
Witness for the Opposite Party:
OPW1. Joseph. K.J. Manager, K.V.R. Motors, Kozhikode.
Exhibits for the complainant:
A1. Copy of Certificate.
A2. Copy of Service bill.
Exhibits for the opposite Party.
Nil.
