Kerala

Kollam

CC/07/278

Vishnu,S/o.Venu Pillai,Gowri Vilasom,Poredam,Chadayamangalam,Kottarakara - Complainant(s)

Versus

The Managing Director,Indus Motor Company Pvt.Ltd.,T.C.No.2-1418,Pattom,Thiruvananthapuram - Opp.Party(s)

Adv.B.Ajimole

30 May 2008

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691 013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/07/278

Vishnu,S/o.Venu Pillai,Gowri Vilasom,Poredam,Chadayamangalam,Kottarakara
...........Appellant(s)

Vs.

The Managing Director,Indus Motor Company Pvt.Ltd.,T.C.No.2-1418,Pattom,Thiruvananthapuram
The Manager,Indus Motors Pvt.Ltd
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN ACHARY : President 2. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By SRI. R. VIJAYAKUMAR, MEMBER. The complainant filed the complaint for getting an order directing the opp.party to refund an amount of Rs.16881/- to the complainant Rs.5000/- as compensation and Rs.3000/- as cost. The averments in the complaint can be briefly summarized as follows: The complainant purchased a vehicle styled as Maruti Versa bearing Reg.No.KL 02/CC 6024 from the 1st opp.party on 5.2.2005. The complainant was promised that the amount of Rs.16881/- could be refunded within 6 months and complainant remitted Rs.500/- with the 1st opp.party.The complainant could not get the benefit as promised by the 1st opp.party. Complainant approached the 1st opp.party several times but no sound response was received. On 10.7.2007 complainant approached the 1st opp.party and he was informed that he could not get the benefit as promised. On 18.7.2007 complainant approached the RTO for changing the Taxi permit land making the vehicle as a private car, the complainant could know that if he had to change the permit he would submit the receipt of non refund of taxi permit to the concerned officer. Complainant approached one more time to the 1st opp.party for receipt of non refund of Taxi permit. Opp.party evaded the complaint with lame excuses. Hence the complaint. The opp.party remained absent. Hence set exparte. Complainant filed affidavit, Exts. P1 to P3 marked. Complainant was heard. The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of the opp.party. 2. Compensation and cost. Points 1 and 2 As the opp.party remained absent. We are constrained to relay upon the evidence adduced by the complainant. The complainant could prove his case through complaint, affidavit and exhibits marked. On perusing the exhibits we are of the view that there is deficiency in service on the part of the opp.party.. In the result the complaint is allowed. The opp.party is directed to refund Rs.16,881/- to the complainant and to pay Rs.3,500/- as compensation and cost. The order is to be complied with within one month from the date of receipt of this order. Dated this the 30th day of May, 2008. I N D E X List of witnesses for the complainant PW.1. – Vishnu.V. List of documents for the complainant P1. – Copy of R.C. Book P2. – Repudiation letter dt. 16.4.2005. P3. – Permit paper of vehicle.




......................K. VIJAYAKUMARAN ACHARY : President
......................VIJYAKUMAR. R : Member