IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 30th day of July, 2010
Filed on 21.10.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 350/2009
between
Complainant:- Opposite parties:-
Sri. Rajagopala Pillai 1. The Manager, Popular
Kannolil House Vehicles & Services Ltd.
Mannarssala P.O., Hariapd Near St. Thomas Orthodox
(By Adv. R.Manoharan) Church, Chavittuvari
S.H. Mount P.O., Kottayam\
Pin – 686 006
2. The Manager, Popular
Vehicles & Services Ltd./
Sales Manager, Near MSM
College, Kayamkulam
Pin – 690 502
3. The Managing Director
Popular Vehicles & Services
Ltd., Palarivattom, Ernakulam
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Rajagopala Pillai has filed this complaint before the Forum on 21.10.2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations are as follows:- He was attracted by the exchange offer of Maruthi vehicles and as per the influence of the 2nd opposite party, he opted to purchase a Maruthi Silky Silver Wagon R Lxi, in exchange of his Maruthi 800 Saloon bearing Regn. No.KL04 V/5725. Second opposite party valued Rs.1,65,000/- for the said Maruthi 800. As such on 22.7.2009 he had given possession of the said Maruthi 800 to the second opposite party. At that time 2nd opposite party had not given any possession letter or a copy of the order booking form to him. After the repeated requests 2nd opposite party had furnished to him a possession letter of the first opposite party along with the copy of the order of booking form. At that time, he learnt that the agreed value of his Maruthi 800 is reduced to Rs.1,58,000/- only, and they denied the Exchange offer of Rs.10,000/-. When pointed out the above facts to the 2nd opposite party, they assured that they will settle the matter at the time of delivering the vehicle. After availing a loan of Rs.3,10,000/- from the SBT, Edathua Branch he had entrusted the said amount also to the 2nd opposite party on13.8.2009 vide DD No. 414779. Thus the total amount deposited comes to Rs.4,75,000/-. On 30.7.2009 he managed to get another proforma invoice/estimate showing that the total on road price for a Maruthi Wagon R Lxi Saloon is Rs.3,74,718/-. After reducing Rs.20,000/- being festival offer. Rs.2000/- as bonus to Govt. Servant, and Exchange offer of Rs.10,000/- the amount payable should comes only Rs.3,42,718/-. But he had already paid Rs.4,75,000/-. In order to settle a loan a/c in his name before the ICICI Bank, Thiruvalla in connection with the said Maruthi 800, the opposite party had paid a sum of Rs.94,783/- which was accepted by him, and the balance amount is with the opposite parties. In addition to the above, the 2nd opposite party denied to supply the vehicle with his colour choice and persuaded to take the vehicle of Black Colour Wagon R Lxi which unacceptable to him. Since there was inordinate delay to supply the vehicle by the opposite parties, he had spent nearly Rs.30,000/- towards taxi charges in order to contact the opposite parties at Kottayam and Kayamkulam. He has not obtained any positive approach from the opposite parties regarding the excess amount, even though he has sent the notice to the opposite parties. Hence this complaint seeking relief.
2. Notice was issued to the opposite parties. Even though they had accepted the notices of this Forum, they have not entered appearance before the Forum. Considering their long absence, they are declared as exparte by this Forum on 31.12.2009 and 25.2.2010.
3. Considering the contentions of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Compensation and costs.
4. Complainant has filed proof affidavit in support of his case and produced documents in evidence – Exts.A1 to A5 series – marked the documents – Ext.A1 is the possession letter issued by the first opposite party to the complainant. It shows that an amount of Rs.1,58,000/- is the total consideration of the exchange vehicle. It shows the receipts of other documents of the vehicle from the complainant. The letter was signed
by the opposite party and the complainant. Ext.A2 is the order booking form issued by the first opposite party to the complainant showing the details of the new vehicle and the details of the rate of the Maruthi 800 (Rs.1,58,000/-). It was signed by the opposite party along with the complainant. It shows the conditions of the delivery of the vehicle. Ext.A3 is the receipt issued by the opposite party at the time of the remittance of Rs.3,10,000/- on 13.8.2009, by the complainant. The receipt was signed and sealed by the 2nd opposite party. Ext.A4 is the preliminary information sheet of the value of the Silky Silver Wagon R Lxi vehicle which comes to Rs.3,74,718/-. The sheet shows that amount of Rs.20,000/- was given for offer and Rs.2000/- was given for bonus, balance noted as Rs.3,52,718/-. Ext.A5 series (5 documents) are the copy of the Advocate notice dt. 16.9.2009 issued by the complainant to the opposite parties, stating the whole affairs of this matter, wedding card in original, stamped receipts from the owner of the vehicle hired for the purpose of the visit at the office of the opposite party at Kayamkulam and for the purpose of the marriage journey of the complainant. Letter addressed to the opposite party by the complainant to take the delivery of the vehicle subject to his complaint before the Forum and the copy of the delivery note dt. 24.11.2009.
5. We have carefully examined the entire matter of this case and perused the documents produced by the complainant in evidence. After verification of the documents, it can be seen that, in order to purchase a Maruthi Silky Silver Wagon R Lxi in exchange of the complainant’s Maruthi 800, he had entrusted his Maruthi 800 vehicle on 22.7.2009 as per agreement by both parties. For the said Maruthi 800, the opposite party had given a price of Rs.1,58,000/- (Exts.A1 and A2). The complainant had also remitted a sum of Rs.3,10,000/- on 13.8.2009 before the opposite party. Thus the total amount in the 2nd opposite party comes to Rs.4,68,000/-. In order to settle the dues in the complainant’s loan account with the ICICI Bank, Thiruvalla in respect of his aforesaid Maruthi 800, 2nd opposite party had sent a DD for Rs.94,783/- on 13.8.09 to the SBT, Thiruvalla. The balance amount in the opposite party in connection with the said matter comes to Rs.3,73,217/-. The total price for the new Maruthi Silky Silver Wagon, after deducting of all benefits (Rs.20,000/- for festival offer Rs.2000/- for bonus pertaining to Govt. Servant and Rs.10,000/- for exchange offer) comes to Rs.3,42,718/- only. Balance amount in the 2nd opposite party comes to Rs.30,499/-. During the course of the argument of this matter, the complainant had submitted that he had taken delivery of the new Maruthi vehicle from the opposite party, subject to the complaint filed by him in the Forum and orders therein. The entire facts and circumstances of this matter shows that, the opposite parties had not shown any earnest effort to settle the matter in a fair way. It is alleged that the 2nd opposite party had agreed to give a sum of Rs.1,65,000/- for the said Maruthi 800. But it is seen that they have evaded from that assurance and given only a sum of Rs.1,58,000/- as per the possession letter (Ext.A1). The 2nd opposite party had also evaded to give exchange offer of Rs.10,000/- to the complainant. In addition to that the opposite parties have not taken any sincere attempt to settle the matter in time and not delivered the new vehicle in agreed time to the complainant. Instead of that, they have retrieved a sum of Rs.30,499/- with them, without pay back to the complainant. The entire matter shows that there is unfair trade practice on the side of the opposite parties and there is culpable negligence, grossest deficiency in service and cheating. Since there is deficiency in service, culpable negligence and unfair trade practice, the opposite parties jointly and severally liable and they are answerable to the complainant. So the complainant is entitled to get compensation and costs. It is to be further noticed that even though the opposite parties have accepted the notice of this Forum, they have not cared to appear before the Forum, for stating the reasons for settling this matter in a fair way. This shows the irresponsible attitude of the opposite parties for settlement of this case. So we are of the view that the allegation s raised by the complainant regarding the amount payable to him by the opposite parties and the loss sustained due to the inordinate delay to get the new vehicle from the opposite parties are to be treated as genuine. So the complaint is to be allowed as prayed for.
In the result, we hereby direct the 2nd opposite party to give 14% interest for the balance amount of Rs.3,73,217/- (at the date of sending the DD to the SBT., Kottayam) from 13.8.2009 till the date of delivery of the new Wagon R ie. On 24.11.2009, to the complainant and further pay the balance amount of Rs.30,499/- (Rupees thirty thousand four hundred and ninety nine only). (After deducting the price of Wagon ie. Rs.3,42,718/- from the balance amount of Rs.3,73,217) to the complainant with 14% interest from the date of delivery of the new Wagon R till the date of payment of the amount and further pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards taxi charges incurred, in connection with the marriage ceremony of his daughter. We further direct the opposite parties to pay a sum of Rs.10,000/- (Rupees ten thousand only)to the complainant for his mental agony, pain, inconvenience, loss and physical strain due to the culpable negligence and grossest deficiency in service by way of inordinate delay to delivery of the new Wagon R to the complainant and willful refusal to release the balance amounts to the complainant in time, and for their unfair trade practice, and further direct the opposite parties to pay a sum of Rs.3,000/- (Rupees three thousand only) as costs of this proceedings. We direct the opposite parties to comply this order within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 30th day of July, 2010.
Sd/- Sri. K. Anirudhan:
Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Possession letter issued by the first opposite party
Ext.A2 - Order booking form issued by the first opposite party
Ext.A3 - Receipt issued by the opposite party at the time of remittance
Ext.A4 - Preliminary information sheet of the value of the Wagon R Lxi
Ext.A5 series - Copy of the Advocate notice dt.16.9.09, Wedding card in original,
Stamped receipts from the owner of the vehicle, Letter addressed
to the opposite party, and copy of the delivery note dt. 24.11.09
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
