Karnataka

Kolar

CC/6/2023

Mr.Subramanya Sathyanarayana Murthy - Complainant(s)

Versus

The Managing Director, Advaith Aerospace Pvt Ltd - Opp.Party(s)

12 Jun 2023

ORDER

Date of Filing: 16/02/2022

Date of Order: 06/06/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated: 06^thDAY OF JUNE 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., LADY MEMBER

CONSUMER COMPLAINT NO:06/2023

Sri. Subramanya.

Sathyanarayana Murthy@

S.N. Murthy,Advocate,

Sri Annapoorneshwari Nilaya,

1^st Cross, P.C. Extension.

Kolar District.563101.                                       ……Complainant.

 

- V/s –

 

The Manager Director,

Advaith Aerospace Pvt Ltd. (Kia Car Dealership)

71/1, Lalbagh Main Road,

Near Urvashi Theatre,

Sudhama Nagar

Bengaluru,

Karnataka- 560 027.

(Rep. by Sri. A. Chethan Advocate)              ……Opposite Party.

 

-: ORDER:-

BY SMT. SAVITHA AIRANI LADY MEMBER

1)    The complainant has filed this complaint Under Section 35 of the Consumer Protection Act 2019 against the OPs alleging deficiency in service and prays to direct the Ops to pay the sum of Rs.2,16,000/- towards compensation for not delivering the booked car well in time to the complainant and cost of the proceedings.

 2)  Brief Facts:  The complainant is a practicing Senior Advocate and he was already sold out his old car TATA ZEST with an intention to a purchase new car.  Hence the complainant approached the OPs with an intention to purchase the KIA Sonnet, HTX, Diesel Automatic, sparkling silver colour car and enquire details of the booking of the car and ultimately with the assurance of OPs to deliver the car within 12.12.2022 and accordingly paid the booking amount of Rs.25,000/- it is the allegation of the complainant that the OPs failed to deliver the car on the above agreed day, but promise to deliver the said new car on 15.12.2022, and19.12.2022 than also fail to deliver the car and again promise to deliver on within the 31.12.2022, however OPs once again fail to deliver the said new car on the above said promise date and on enquiry OPs again given false assurance to deliver the car on 06.01.2023 and again fail to deliver car on the agreed date and informed the complainant that the new car will be deliver on or before from 09.01.2023 to 25.01.2023, whereas OPs fail to deliver the said car to the complainant as per the agreed dates and the complainant suffered without the car.  Further complainant alleged that he being the senior advocate practicing at both the Kolar and Malur courts and hence asked the OPs to provide stand by car till delivery of new car, that the OPs did not given any kind of services to the complainant and also fail to deliver the new car as agreed.  Ultimately complainant got issued the legal notice but the OPs fail to comply the demand made in the legal notice and also fail to reply the same.  Hence this complaint.

3)   On issuance of notice, Op appeared through its counsel and filed vakalath.  Whereas despite the opportunity given to OP to file version but OP failed to file version. Accordingly version of OP was taken as not filed. However, OP come with an application with memorandum of facts praying for permission to file the version and the said application was rejected and the opportunity is given to submit their side argument.  

4)   In order to prove the case, the Complainant has filed his affidavit evidenced along with supporting documents.  OP filed his written argument.

 

5)     Perused the complaint and the available evidence on record and written arguments.

6)     On the basis of the available evidence placed on record by the complainant, OP written argument the following points will do arise for our consideration:-

 

(1) Whether complainant has proved that OP is deficient in their service?

(2) Whether the complainant is entitled for the relief as sought in the complaint?

(3)  What Order?

                                                        

       Heard the arguments and perused the evidence placed on record.

Our answer to above points is as follows

                   POINT Nos. (1) & (2):- Are in Affirmative   

             POINT No.(3):-             As per the final order

                                                 For the following:-

                  

         REASONS

7)       POINT NO. (1) & (2):- These points are interlinked to each other and hence taken up together for common discussion, for the sake of convenience and to avoid repetition of reasoning.

8)     It is the specific case of the complainant is that, he is the advocate by profession and practicing at Kolar and Malur Court of Law and earlier he owned the car for travelling purpose, with an intention purchase new car, complainant was sold his car. It is stated that, order to purchase the new car and thereby he was approached Op and after negotiation and promised to deliver the car within the confirmed date and complainant booked the new car by paying Rs. 25,000/-. That the complainant alleged that Ops failed to deliver the booked car well time and by giving one reason or the other pushdown the days without delivering the car and hence complainant suffered lot without the car.

9)  In order to contest the case on merits though Op appeared through their counsel failed file the version well within time; however the written arguments filed on its behalf. It is the contention of the Op that they not promised the dates as stated by the complainant and intimated the complainant to deliver the car within 30 to 34 weeks.

10)   The crux of the matter is to consider that, whether Op is deficient in its service by not delivering the car in question well within the time and leads to rising of the price?

11)   In order to substantiate the case of the complainant file his affidavit evidence along with supporting documents. On perusal of the receipt dated 6-12-2022, it discloses that complainant duly booked the car in question by paying amount of Rs.25,000/- and the same not denied by the Op in their argument. The only question regarding the delivery of the car in time?. In order to substantiate the case of the complainant and he has filed the email correspondences dated: 09.01.2023, 11.1.2023, 12.1.2023, 18.1.2023, 24.1.23, 31.1.2023. On perusing the email communication dated 9-01-2023, it discloses that, that the complainant in detail wrote a letter stating all the facts narrated in the complaint, whereas Op did not place any reply given to the complainant.  Further on perusal email dated 11-01-2023, it reveals that complainant son informed the op that already there is delay in delivering car about 37 days, whereas the Op given the reply that follow-up with the KIA team, but the complainant since beginning at time of booking the car demanded for silver colour only but the Op subsequently asked the complainant to give an option of white car which is against to the wish of the complainant. That the complainant also informed to the Op on the same day that he needs only silver car. Further on perusal of email dated 18-01-2023 complainant again demanded the Op deliver the car, like so many email correspondence made on the dates shown supra by the complainant. Hence the complainant ultimately approached the other showroom and purchased his dream car. Further the complainant alleged that, due to act of Ops complainant paid Rs. 58,042/- on perusal of the invoice dated 6^th  Dec 2022, the value of the car on Road is Rs. 15,39,932/- whereas as per invoice dated 1-01-2023, the value of the car on road is Rs.15,97,974/- and these invoices clearly demonstrates that complainant by paying extra amount of Rs. 58,042/-   However complainant submits that, that Op returned the amount after purchasing the car, but the complainant alleged deficiency in service on the part of the Op. Further on careful perusal of all the email correspondences and the invoices placed before us, but the Op did not place any cogent evidence to demolish the evidence of the complainant. Further the Op failed to answer the legal notice issued by the complainant. Under the circumstances we reached to conclusion that the complainant proved deficiency in service on the part of the Op and in the circumstances due to not delivering the car well within time complainant incurred additional expenditure of Rs.58,042/- in order to purchase the car from other showroom. Hence the complainant is entitled to receive compensation of Rs.58,042/- along with Rs.5,000/- towards the  cost of proceedings. Accordingly, we answered the above points I and 2 are in affirmative. 

12)   POINT NO: 3. On the basis of the answers given on the Points No: 1&2 thereon, we proceed to pass the following:-

 

                                        ORDER

1. The complaint is allowed with compensation along   with cost.
2. The Op is directed to pay the sum of Rs.58,042/- to the complainant within 30 days from the dated of orders, failing which Op is directed to pay interest 9% per annum from the date of complaint till the realization of the amount.
3. Further Op is directed to pay Rs.5,000/- to the complainant towards the cost of the proceedings.
4.    Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 06^th DAY OF JUNE 2023.

 

 

    LADY MEMBER                              PRESIDENT