D.o.F:25/11/2014
D.o.O:31/01/2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.257/14
Dated this, the 31st day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Ummar.T.K, S/o Kunhumoideen,
Povval House, Po.Muliyar, Chengala Via, : Complainant
Kasaragod Dt.
(Adv.E.Sukumaran)
1.The Managing Partner,
Kings Auto, 24/560,Near Kings International,
Shornur Road, Nurani Po,Palakkad, Dt.678004.
2.Mr.Swaminathan,Manager
Kings Auto, 24/560,
Near Kings International,Shornur Road, : Opposite parties
Nurani Po,Palakkad, Dt.678004.
3. Prasad, Sales Manager,
Kings Auto, 24/560,Near Kings International,
Shornur Road, Nurani Po,Palakkad, Dt.678004.
(exparte)
ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The case of the complainant is that he had purchased Royal Enfield Motor Cycle from the opposite parties. Ist opposite party is the dealer of vehicle 2nd opposite party is the manager and 3rd opposite party is the sales manager respectively. OP,No.3 canvassed this complainant and he was also made to believe that the Motor cycle would be delivered immediately after remitting the full amount and there is no need for waiting for a long time. The price of the vehicle was 1,77,944/- and for the booking of vehicle Rs.50000/- has to pay in advance also paid by the complainant on 2/5/14 by cash. 2 months later the opposite parties informed the complainant that Royal Enfield desert storm 500 model is not available and the available model is only Enfield Classic 350CC for an amount of Rs.1,36,000/- the complainant agreed to purchase the subsequent vehicle. The opposite party arranged a loan for the balance of Rs.86,000 from UAE exchange and Finance Service Ltd Kasaragod branch and the amount was sanctioned and transferred in the account of ist opposite party on 5/8/14 . After receipt of amount eventhough the complainant contacted the opposite parties several times and requested to deliver the vehicle immediately as agreed by them, they never respond to the complainant properly through his phone call either in land number or in mobile number. The complainant directly went to the ist opposite party office at Palakkad and he returned with a promise to deliver the vehicle on 4/11/14 by 1st opposite party ,they failed to deliver the vehicle and never respond to the complainant . In the mean time the complainant stated repaying the EMI of the loan amount on 3 occasions. Due to the act of opposite parties complainant suffered a lot The act of the opposite parties amounts to gross deficiency in service and unfair trade practice hence the complaint .
Notice to opposite parties served on them but they remained absent and hence name of the opposite parties were called and set exparte.
The complainant was examined as PW1 and Exts.A1 to A9 were marked. Eventhough the complainant was filed on IA 277/14 in the above case, the same was closed since the prayer in IA was the same in the main complaint.
On perusal of the documents and also by analyzing the evidence of PW1 the Forum finds the following aspects. Ext.A1 is the quotation for Royal Enfield Desert Storm 500 which shows that the PW1 was intended to purchase Royal Enfield Desert Storm 500 and he had paid an amount of Rs.50,000/- on 2/5/2014 as advance for the same, the cash receipt issued by the opposite party was marked as Ext.A2. At the time of booking the vehicle, the opposite parties promised to deliver the vehicle immediately but after 2 months the opposite party informed PW1 that Royal Enfield desert storm 500 model is not available and the available model is only Enfield classic 350CC for Rs.1,36000/ thereafter opposite party arranged loan for the balance amount from UAE Exchange and Financial Service Limited Kasaragod branch and loan was sanctioned and transferred to Ist Opposite party on 5/8/14 and Ext.A3 is the copy of the application for registration of a motor vehicle issued by UAE Exchange. After receipt of the full amount, eventhough PW1 contacted the opposite party to deliver the vehicle ,they failed to deliver the vehicle and failed attend to the call of PW1 or gave a specific answer about on which date the vehicle would be delivered to the complainant. In the mean time the complainant was constrained to repay the EMI of the loan amount. He had paid Rs.4462/- each on 5/9/14, 8/10/14 and on 5/11/2014 without plying his vehicle. Exts.A4 to A6 are the receipts issued by UAE exchange for the payment of EMI. The call list of PW1 is produced and marked in Ext.A7 and Ext.A 9 is the copy of the receipt issued by IDBI Kasaragod branch repaying the payment of Rs.50,000/-. By perusing all the documents mentioned above the Forum convinced that the opposite party received the entire price amount of the vehicle on 5/8/14 itself . According to PW1 there was a promise by the opposite parties to deliver the vehicle immediately on receipt of the full amount. Complainant made several attempts to contact the opposite parties and even he went directly to Palakkad for enquiring the matter. There is absolutely no contra evidence came before us to disbelieve the complainant and moreover the complainant started to pay EMI on the very next month of the issuance of loan amount without using the vehicle. The call particulars of PW1 substantiate the case that he had contacted the opposite party on several occasions. The opposite parties have continued negligent and irresponsible attitude even after the receipt of notice from the forum. Therefore we finds that the act of the opposite parties amounts to deficiency in service.
In the result the complaint is allowed directing the opposite parties to produce a new vehicle Enfield Classic 350CC before the Forum and to deliver it to the complainant within 15 days of receipt of order and ist opposite party is further directed to pay an amount of Rs.25,000/- as compensation for mental agony and Rs.5000/- as cost of this proceedings. Time for compliance for the payment of compensation and cost is limited to 30 days .
Exts:
A1-Quotation
A2-Cash receipt
A3-application for registration of vehicle
A4-to A6-EMI receipts
A7 – call list
A8- vehicle loan dealer payment information
A9- cash receipts
PW1-Ummer T.K- complainant
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
Sd/
SENIOR SUPERINTENDENT
