By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to refund the value of the vehicle after taking back the vehicle due to supply of defective vehicle.
2. Brief of the complaint:- The opposite party is the dealer of Yamaha Scooter at Kalpetta. On 05.05.2015 the complainant purchased a Yamaha Alpha Scooter for a sum of Rs.62,000/- (including insurance, tax etc) from opposite party. After purchase when the complainant washed the vehicle at home, he noticed some white dots are there throughout the body of the scooter. It was informed to opposite party and they stated that the spreading of white dots on the body of the vehicle is happened from their hands only and it was promised that the defective body parts will be replaced or repainted from the company and will cure the defect within one month. Complainant registered the vehicle before RT office, Kalpetta as registration No. KL 12 J 9674. Thereafter, the complainant had approached the opposite party and requested to cure the defect. But on all those occasions the opposite party had sought time for curing the defect of the scooter. Finally on 28.10.2015 as directed by the opposite party, complainant entrusted the vehicle to the opposite party for repaint and opposite party promised the vehicle will be repainted and return within five days. And on 09.11.2015 also the vehicle was not repainted as promised by the opposite party and requested further period of one month and thereafter the opposite party returned the vehicle to the complainant without curing the defects after long period. It is submitted that the vehicle sold by the opposite party to the complainant is having defects and the service of the opposite party is also defective. Hence prayed to pass an order against opposite party to take back the scooter and to pay a sum of Rs.62,000/- with cost and compensation.
3. Notice served to opposite party on 08.01.2016 but opposite party not appeared and not filed version. Hence opposite party is set ex-parte and proceeded with the case.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the Invoice for the vehicle for Rs.51,946/-. Ext.A2 is the copy of Registration Certificate in the name of complainant. Ext.A3 series are the Lawyer Notice and Acknowledgment Card.
5. On perusal of complaint, affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite party?
2. Relief and Cost.
6. Point No.1:- Since the opposite party is ex-parte the complaint can be believed in toto. Hence we found that there is clear case of deficiency of service and unfair trade practice from the side of opposite party. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party, they are liable to take back the defective vehicle and to give a new vehicle or to return the value of the vehicle to the complainant and also liable to pay Rs.5,000/- as compensation and Rs.2,000/- as cost of the proceedings. Hence the Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to take back the old vehicle and to give a new vehicle of the same make or to return back the value of the vehicle. The opposite party is also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order, failing which the complainant is entitled for an interest at the rate of 12% per annum till the realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of February 2016.
Date of Filing:16.12.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Vinod Kumar (affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Retail Invoice. Dt:05.05.2015.
A2. Copy of Registration Certificate.
A3. Copy of Lawyer Notice and Acknowledgment Card.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
