DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 16^th day of April  2015

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                              Date of filing: 04/02/2015

                                                      (C.C.No.19/2015)        

Rishikesh.K

Rishi,

Bhagavathy Nagar,

Manapullikavu,

Palakkad – 678013                                         -        Complainant

(Party in Person) 

Vs

The Manager,

Swaminathan,

Kings Auto’s

24/560, Near King’s International,

Shornur Road,

Nurani Post, Palakkad                                   -        Opposite party

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of the complaint:

Complainant has booked a new motorcycle (Royal Enfeild Classic) with opposite party by paying Rs.50,000/- on 12/9/2014 and Rs.80,000/- on 10/11/2014. Rs.5,000/- was also paid as a booking fee. At the time  of booking the vehicle, opposite party assured that motorcycle will be delivered after one month from the date of 12/09/2014. Opposite party did not deliver the vehicle to the complainant till 30/12/2014. On 31/12/2014 opposite party has issued two cheques amounting to Rs.1,35,000/- in favour of complainant. But these cheques were dishonoured.  On informing the matter opposite party issued another cheque of Rs.1,35,000/- to the complainant.  That cheque was also dishonoured. Complainant submitted that by non delivery of the motorcycle after receiving the full amount opposite party committed unfair trade practice. Hence the complaint. Complainant prays for an order directing opposite party to pay a total sum of Rs.2,35,000/- for cost of motorcycle  and for mental agony.

Opposite party remained exparte.

Evidence adduced by the complainant consists of chief affidavit and Ext.A1 to A3 series.

 Issues are to be considered

1. Whether the opposite party committed  unfair trade practice or not?
2. If so, what is the relief ?

Issues 1 & 2

          Complainant heard.

We have perused the documents on record. Ext.A2 series  shows that he had paid an amount of Rs.1,35,000/- to opposite party. Ext.A1 series  shows that cheques which were issued by the opposite party presented for encashment were dishonoured. After receiving the full amount opposite party did not deliver the ordered motorcycle in time. Besides this, cheques drawn in favour of complainant were also dishonoured at the time of presentation. From the evidence on records, we are of the opinion that opposite party  committed unfair trade practice.  Since the opposite party remained exparte there is no evidence to the contrary.

In the above circumstances, we allowed the complaint. Opposite party is directed to refund Rs.1,35,000/- (Rupees One lakh thirty five thousand only) as the cost and booking fees of motorcycle, Rs.5,000/- (Rupees Five thousand only)  as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of   proceedings to the complainant. Order shall be complied within a period of one month from the date of  receipt of order, failing which complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the  16^th day of April   2015.

       Sd/-

                     Shiny.P.R.

                      President   

                          Sd/-

                     Suma.K.P.

                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 series–  Cheque for Rs.1,35,000/- issued to opposite party

Ext.A2 series –  Receipts for Rs.50,000/-& Rs.80,000/- issued by opposite party.

Ext.A3 – Quotation for Enfield classic 350  issued  by opposite party.

Exhibits marked on the side of opposite party

Nil

Cost  

Rs.1,000/- allowed as cost of the proceedings.