BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> C.C.No. 208/2007 Filed on 04.10.2007<br /> Dated : 30.08.2008<br /> Complainant:<br /> Haridas (Advocate), Charuvila House, Cherunniyoor P.O, Varkala.<br /> (By adv. Joseraj) <br /> Opposite party:<br /> The Manager (Authorized Signatory), Indus Motors Co. Pvt. Ltd., Maruti True Value, Near Family Court, Elamkulam, Sreekariyam, Thiruvananthapuram. <br /> <br /> This O.P having been taken as heard on 14.08.2008, the Forum on 30.08.2008 delivered the following:<br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The brief facts of the case are that the complainant who is an advocate by profession approached the opposite party's showroom at Sreekariyam and enquired about the purchase of a used Maruthi car and the opposite party offered a 2000 model 800 CC standard car bearing registration No. KL-01 T 6671 for an amount of Rs. 103000/- and also offered loan facilities with low interest rate. Since the car available is an used one, the complainant agreed to purchase that car, only on condition that the car should be checked by an expert mechanic under the option of the complainant. The opposite party agreed that condition and as such the complainant gave Rs. 4000/- as advance. It is also agreed by the opposite party that if the mechanic finds any defect the complainant need not purchase the car and the advance amount should be refunded by the opposite party. On 05.09.2007 the complainant checked the above said car by an expert mechanic and found that the car has been used for 3 lakhs kilometers and found some fatal defect in the engine. Then the complainant has no interest to purchase that car and demanded the advance amount. But the opposite party has not repaid the advance amount as agreed by the opposite party. After repeated demand on 06.09.2007 the complainant sent advocate notice demanding the advance amount along with interest at the rate of 18% per annum. Even on receipt of that notice the opposite party was not ready to repay the amount. Hence the complainant filed this complaint before this Forum. <br /> <br /> In this case the opposite party is set exparte. <br /> <br /> Points to be considered:<br /> (i)Whether there is unfair trade practice or deficiency in service from the side of opposite party?<br /> (ii)Whether the complainant is eligible for getting the reliefs?<br /> <br /> Complainant has filed affidavit and produced 3 documents. The documents produced by the complainant marked as Exts. P1 to P3. The affidavit filed by the complainant stands unchallenged. Ext. P1 is the receipt of the payment of Rs. 4000/- as advance for Maruthi 800 CC KL-01 T 6671. Through this document the complainant proved the transaction between the complainant and opposite party. Ext. P2 is the copy of advocate notice issued by the complainant to the opposite party dated 06.09.2007. Ext. P3 is the acknowledgement card signed by the opposite party.<br /> <br /> On perusal of the material on record we have no doubt that there is deficiency in service and unfair trade practice from the side of opposite party. The opposite party ought to have repaid the advance amount when the complainant informed that he is not ready to purchase the vehicle after the checking of the car by an expert. The complainant proved his case with sufficient pleadings and documents. Hence this Forum allows the complaint. <br /> <br /> In the result, the opposite party is directed to repay the advance amount Rs. 4000/- with 12% interest from 05.09.2007 till the date of realization of the amount and also shall pay Rs. 1500/- as cost to the complainant within a period of 2 months. <br /> <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th August 2008.<br /> <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> C.C.No. 208/2007<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS: <br /> PW1 - Haridas.S<br /> II COMPLAINANT'S DOCUMENTS:<br /> P1 - Original receipt No. 4832 dated 31.08.2007 for Rs. 4000/- issued by the opposite party to the complainant. <br /> P2 - Copy of advocate notice dated 06.09.2007 issued by the complainant to the opposite party. <br /> P3 - Acknowledgement card signed by the opposite party. <br /> III OPPOSITE PARTY'S WITNESS:<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS:<br /> NIL<br /> <br /> <br /> PRESIDENT<br />