Karnataka

Chitradurga

CC/168/2018

Mr.Jitendra.N S/o Nijalingappa.B.T - Complainant(s)

Versus

The Managing Director,Honda Motor Cycle and scooter India Pvt Ltd., - Opp.Party(s)

Sri.N.Thippeswamy

23 Nov 2018

ORDER

COMPLAINT FILED ON:31.08.2018

DISPOSED  ON:23.11.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:168/2018

 

DATED:  23^rd NOVEMBER 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                          B.A., LL.B.,

SMT. JYOTHI RADHESH JEMBAGI

BSc., MBA., DHA.,             : LADY MEMBER

 

……COMPLAINANT	Mr. Jitendra N S/o Nijalingappa B Aged about 33 years, Social Service and Business, R/o Karuvinakatte Circle, Chitradurga.   (Reptd., by Sri. N. Thippeswamy, AdvocateIn-person)
V/S
…..OPPOSITE PARTIES	1. The Managing Director, Honda Motors Cycle and Scooter India Pvt. Ltd., Commercial Complex, II, Sector 49-50, Gulf Course Extension Road, Gurgaon, Haryana-122018.   2. The Authorized Dealer, Srinivasa Motors for Honda, RGS Group of Petrol Bunk, Hadadi Main road, Davanagere.577 004.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to return the price of the TV i.e., Rs.9,960/- along with interest and to grant such other reliefs.

2.     The brief facts of the case of the above complainant are that, he intended to purchase Honda Activa 5G DLX two wheeler, for that he has taken quotation from the show room for Rs.55,971/- from OP No.2 through e-mail.  It is further submitted that, as per the quotation, the complainant has purchased the above said vehicle bearing Engine No.8024657 and chassis No.024630 from OP No.2 by availing financial assistance of Merchant Souharda Sahakara Bank, Chitradurga repayable on the monthly installments, the amount of Rs.55,971/- has been transferred to OP No.2.  It is submitted that, at the time of delivering the vehicle, OP No.2 has illegally demanded the excess amount of Rs.9,304/- and blackmailed the complainant stating that, without payment of the said amount, the vehicle will not be released and scolded the complainant by using illegal words.  Without any alternative, the complainant has paid Rs.4,580/- and demanded to issue bill for Rs.4,580/-.  Thereafter, the OP No.2 has issued two vouchers of Rs.4,580/-, in all a sum of Rs.9,660/-, stating that, the OP No.1 has not provided some parts to the said vehicle that’s why it is demanding excess amount, which is an unfair trade practice and deficiency of service and therefore, prayed for allowing the complaint.

3.     In spite of service of notice to the OPs, they did not appear before this Forum in person or through their Counsels and therefore, they placed ex-parte.

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 got marked and closed his side. 

5.     Arguments heard.

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have collected excess money from him and committed deficiency in service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is not in dispute that, complainant has purchased Honda Activa 5G DLX two wheeler bearing Engine No.8024657 and chassis No.024630 from OP No.2 by availing financial assistance of Merchant Souharda Sahakara Bank, Chitradurga repayable on the monthly installments.  An amount of Rs.55,971/- has been transferred to OP No.2 from his Account.  The contention of the complainant is that, at the time of delivering the vehicle, OP No.2 has illegally demanded the excess amount of Rs.9,304/- against to the law, which caused mental agony and financial loss.  Without any alternative, the complainant has paid Rs.4,580/- and demanded to issue bill for Rs.4,580/-.  For that, the OP No.2 has issued two vouchers of Rs.4,580/-, in all a sum of Rs.9,660/-, stating that, the same is collected for the parts which were fitted to the vehicle as the OP No.1 has not provided some parts, the same is not acceptable, which is an unfair trade practice and deficiency of service on the part of OPs.

 9.    We have gone through the entire documents filed by the complainant.  According to the complainant, he has purchased Honda Activa 5G DLX two wheeler bearing Engine No.8024657 and chassis No.024630 from OP No.2 by availing financial assistance of Merchant Souharda Sahakara Bank, Chitradurga repayable on the monthly installments.  At the time of delivering the vehicle, OP No.2 has illegally demanded the excess amount of Rs.9,304/-, which caused mental agony and financial loss.  Without any alternative, the complainant has paid Rs.4,580/- and demanded to issue bill for Rs.4,580/-.   For that, the OP No.2 has issued two vouchers of Rs.4,580/-, in all a sum of Rs.9,660/-, which is to be returned to the complainant towards the excess amount received by the complainant.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

          It is further ordered that the OPs are hereby directed to pay a sum of Rs.9,660/- to the complainant along with interest at the rate of 9% p.a from 23.04.2018 till realization.

          It is further ordered that, the OPs are hereby directed to pay Rs.25,000/- towards unfair trade practice to the complainant.

          It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

          It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 23/11/2018 and it is pronounced in the open Court after our signatures)

           

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined onbehalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1 and 2:-	Quotation with price list
02	Ex-A-3:-	Money transfer letter dated 23.04.2018
03	Ex-A-4:-	Receipt voucher dated 23.04.2018
04	Ex-A-5:-	Gate Pass dated 23.04.2018
05	Ex.A-6:-	Honda Receipt Voucher dated 21.04.2018
06	Ex.A-7:-	Honda Receipt Voucher dated23.04.2018
07	Ex.A-8:-	Legal Notice dated 21.05.2018
08	Ex.A-9:-	2 Postal receipts
09	Ex.A-10:-	Postal acknowledgement

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

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