By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
Complainant is a Madrassa teacher and he is using an Etios liva Car of Toyyota Company. Due to his ailments at his leg, he planned to buy a car having automatic gears. After enquiry he decided to buy a car namely Wagon R manufactured by Maruthi Suzuki.
2. Thereafter on 21/12/2020 complainant with his friend Nisar who have connection with opposite party had approached opposite party for buying a new car by exchanging his old car and they offered maximum exchange value to the Etios Liva Car of complainant. They said that the on road price of Wagon R automatic car is Rs.7,10,463/- . They again offered that if complainant is ready to exchange his Etios Liva Car to them, they promised to the complainant that they will give Rs. 3,90,000/- for the Etios Liva Car of complainant. They further offered exchange bonus and other benefits to complainant. They promised to complainant that they will provide the car accessories like seat cover, camera, side beading and also petrol for Rs.1000/-at the time of delivery and opposite party assured the delivery date as 01/01/2021 and complainant paid an advance payment of Rs.10,000/- on 21/12/2020. Opposite party told to the complainant that complainant can use his old Etios Liva Car till the delivery of the new car.
3. The marriage of complainant’s nephew is fixed on 03/01/2021, hence complainant wanted to get his new car on 01/01/2021. But opposite party did not deliver the vehicle to complainant on 01/01/2021. When complainant enquired about this to opposite party, they stated that vehicle is not in ready stock and as per the availability, they will deliver the vehicle immediately. It caused mental tension to complainant. Thereafter on 07/01/2021 opposite party called complainant and informed that the vehicle will be delivered within one week and directed the complainant to pay Rs.2,00,000/- to opposite party by cash. As per their direction on 07/01/2021 itself complainant paid Rs.2,00,000/- by cash to opposite party. But opposite party provided a receipt only for Rs.1,80,000/-. When complainant questioned about this, opposite party transferred Rs.10,000/- to complainant’s account on 10/04/2021 after so many requests. But they did not give the balance Rs.10,000/- to complainant and they did not provide a receipt for the same.
4. But opposite party did not deliver the vehicle after one week. Then complainant and his friend Nisar approached them directly and opposite party said that the delivery of vehicles were slow nowadays due to the covid pandemic. Opposite party said to complainant that the new load of vehicle will come within few days and complainant’s vehicle will be there in that load of vehicles. Opposite party apologised to complainant for the delay in delivery of the vehicle. Thereafter they said to complainant that the cost of new load of vehicle will be somewhat higher compared to the cost of vehicle when complainant had booked. They again assured the complainant that the new vehicle price will not affect complainant and asked the complainant to pay the same amount they offered earlier.
5. On 22/04/2021 opposite party delivered the automatic Wagon R Car to complainant and it is registered at Kondotty SRTO. But opposite party later said to complainant that they cannot give Rs.3,90,000/- for complainant’s Etios Liva Car and they offered Rs 3,20,000/- to complainant for his car. Complainant’s Etios Liva Car sold to a third party by complainant's friend Nisar for an amount of Rs.3,40,000/- and complainant stated that he had lost nearly Rs. 50,000/- on that transactions. It is caused due to the act and negligence from the side of opposite parties. Moreover opposite party did not provide the offered accessories, exchange bonus of Rs. 15,000/-, customer bonus and petrol for Rs. 1000/- to complainant. Moreover opposite party directed the complainant to pay Rs.7,30,373/- for the new Wagon R Car. There is a price hike of Rs.19,910/-. Opposite party provide the receipts only for Rs. 10,000/- paid on 21/12/2020, Rs. 1,80,000/- paid on 07/01/2021, Rs. 1,65,000/- paid on 23/04/2021 and Rs. 3,40,000/- on 23/04/2021 to complainant. Opposite party did not provide the invoice to complainant and the above acts of opposite party is a clear deficiency in service from the side of opposite party. Due to the deficiency in service and unfair trade practice on the part of opposite parties caused mental agony, physical hardships and sufferings to the complainant. Complainant booked the car before price hike but opposite party did not deliver the vehicle before price hike to complainant. Moreover they charged the higher amount of the vehicle to complainant. Moreover opposite party did not provide the offered accessories of the vehicle to complainant and there is a delay in providing the invoice. Hence this complaint.
6. The prayer of the complainant is that, he is entitled to get a refund of Rs. 19,910/-the the amount which opposite party additionally taken from complainant due to price hike Rs.50,000/- which lost to complainant due to exchange offer , Rs. 15,000/- the exchange bonus, Rs. 12,000/- for petrol , seat cover, camera and side beading, Rs. 2,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 50,000/-cost of the proceedings.
7. On admission of the complaint notice was issued to the opposite party and
notice served on them and they appeared before the Commission through their counsel and filed vakkaleth on 10/06/2022. They received notice from the Commission on 01/04/2022. Thereafter they filed version on 20/07/2022 which is after the statutory period of 45 days for filing version. Hence it is not possible to receive version. Hence opposite party set exparte on 01/09/2022. On that day complainant filed affidavit and documents.
8. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 is the copy of RC. Ext.A2 is the copy of booking receipt/receipt voucher for Rs. 10,000/- dated 21/12/2020. Ext.A3 is the copy of the payment receipt/receipt voucher for Rs. 1,80,000/- dated 07/01/2021 (3 pages). Ext.A4 is the copy of the invoice given by opposite party to complainant on 22/04/2021. Ext. A5 is the copy of information sheet given by opposite party to complainant on 20/12/2020, Ext. A6 is copy of information sheet given by opposite party to complainant on 19/04/2021.
9. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced six documents which are very supportive to prove his case. But complainant did not produce documents to prove that he had exchanged his old Etios Liva Car to opposite party while buying the new vehicle. Therefore the questions of exchange offer and exchange bonus etc do not arise. But there is delay in delivery of the vehicle as per the documents. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
10. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.19,910/- (Rupees Nineteen thousand nine hundred and ten only) to complainant, the excess amount already paid by complainant to opposite parties.
- The opposite parties are directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 10th day of May, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A6
Ext.A1 : Copy of RC.
Ext.A2 : Copy of booking receipt/receipt voucher for Rs. 10,000/- dated 21/12/2020.
Ext.A3 : Copy of the payment receipt/receipt voucher for Rs. 1,80,000/- dated
07/01/2021 (3 pages).
Ext.A4 : Copy of the invoice given by opposite party to complainant on 22/04/2021.
Ext.A5 : Copy of information sheet given by opposite party to complainant on
20/12/2020.
Ext.A6: Copy of information sheet given by opposite party to complainant on
19/04/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
