DATE OF FILING : 22.12.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 31st day of January, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.281/2010
Between
Complainant : Joshy @ Joseph, S/o Sebastian,
Kizhakkeparambil House,
Kalvarimount P.O.,
Idukki District.
And
Opposite Party : The Manager,
S.M.L. Motors,
S.M.L. Building,
Vellayamkudi P.O.,
Kattappana, Idukki District.
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant who is an auto driver with driving licence and badge, attracted by the advertisements given by the opposite party that they will deliver the vehicle soon after the booking, approached the opposite party for booking an ape autorcikshaw. The opposite party assured that the autorickshaw will be delivered within 8 days of the booking. So the complainant sold out his own old autorickshaw and paid the amount of Rs.19,405/- to the opposite party on 22.10.2010 and booked an Ape extra LDB S3 Sahara, yellow colour Autorickshaw for an amount of Rs.1,49,405/-. Another Rs.20,000/- was paid on 27.10.2010. The complainant approached the Shriram Finances, Kattappana for the finance of the autorcikshaw and they sanctioned the balance finance to the autorickshaw, so that the complainant paid Rs.5,000/- for the same. After 8 days the complainant approached the opposite party for getting the autorickshaw, but the opposite party denied the same. The complainant who is an auto driver sold out his own autorcikshaw and paid the amount to get the new vehicle. But the opposite party denied the same and so the petition is filed for getting the amount paid by the complainant with 12% interest from the date of payment and also for Rs.5,000/- which is the amount paid by the complainant for arranging the finance for the new vehicle.
2. The opposite party appeared directly and submitted that they are ready to deliver the autorickshaw which was booked by the complainant or return the amount paid by the complainant to the complainant.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?
4. No oral evidence adduced by both the parties and Exts.P1 & P2 marked on the side of the complainant.
(cont....2)
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5. The POINT :- Heard. The complainant who is an auto driver booked an Ape extra LDB S3 Sahara, yellow colour Autorickshaw for an amount of Rs.1,49,405/- with the opposite party by paying an amount of Rs.19,405/- on 22.10.2010, after selling his old autorickshaw. Another amount of Rs.20,000/- was paid on 27.10.2010 for the booking of the autorikshaw. It was assured by the opposite party that they would deliver the vehicle within 8 days of the booking and the complainant booked the vehicle by paying a huge amount. Ext.P1 is the receipt issued to the complainant for the same. The complainant arranged the balance finance from the Shriram Finance, Kattappana for getting the vehicle. Ext.P2(series) are the letters issued from the Shriram Transport Finance Company Ltd., stating that they have sanctioned the facility amount Rs.1,10,891/- to the complainant for the autorickshaw. But the opposite party never delivered the vehicle and so the complainant was not able to get the loan amount from the Shriram Finance. So he lost Rs.5,000/- as the amount for arranging the loan. As per the opposite party, they were ready to deliver the vehicle within 8 days, but the complainant never produced any cash, cheque or DD from the finance company for the payment of the balance amount for the vehicle. They produced only a loan sanction letter from the Shriram Finance and that is not sufficient for the delivery of the vehicle to the complainant. The complainant submitted that he will get loan amount only after the delivery of the vehicle.
The complainant should issue cheque, cash or DD for the purchase of the vehicle, to the company for delivering the vehicle as submitted by the opposite party. Without giving the amount or cheque or DD for the vehicle, the opposite party never supply the vehicle to the complainant. Here the complainant never produced any copy of the cheque, bank statement or DD in the name of the opposite party from the finance company for delivering the vehicle to the complainant. So the balance amount has not been paid by the complainant to the opposite party. Now the complainant is not intented to purchase the vehicle from the opposite party because the opposite party made delay in delivery of the new vehicle. But the complainant submitted that he only needed the amount which was already paid for the booking of the vehicle. There is no evidence produced by the complainant to show that the complainant paid Rs.5,000/- for arranging loan to the vehicle. The opposite party is ready to give the amount or the vehicle to the complainant. The complainant has already paid the amount on 22.10.2010 and on 27.10.2010. So we think that the complainant is entitled to get the interest for the same.
Hence the petition partially allowed. The opposite party is directed to return the amount paid by the complainant to the opposite party for the booking of the Ape Autorickshaw which is Rs.39,405/- as per Ext.P1 receipt with 12% interest from the date of payment and Rs.750/- as cost of this petition within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 31st day of January, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
(cont.....3)
- 3 -
APPENDIX
Depositions :
On the side of the Complainant :
Nil.
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Copies of the cash receipts issued by the opposite party dated 22.10.2010
and 27.10.2010.
Ext.P2(series) - Copies of the letters issued from the Shriram Transport Finance Company Ltd.,
stating that they have sanctioned the facility amount Rs.1,10,891/- dated
28.10.2010 and 30.9.2010.
On the side of the Opposite Party :
Nil.
