Orissa

Kendujhar

49/2014

Smt. Damayanti Mahanta - Complainant(s)

Versus

The Propriater, Shree Laxmi Motors ( TVS Motors), - Opp.Party(s)

Satyananda Das & S.K. Patra

30 Oct 2015

ORDER

  IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

CONSUMER COMPLAINT CASE NO. 49 OF 2014

Smt. Damayanti Mahanta, aged about 25 years,

Wife of Khirod Chandra Mahanta,

of Kodakhaman, Jamunaposhi,

P.S- Turumunga, Dist- Keonjhar, Odisha.........................Complainant

                                 Vrs.

1. The proprietor, Shree Laxmi Motors (TVS Motors),

At- Dhangarpada, P.O- Keonjhargarh,

P.S- Town, Dist- Keonjhar, Odisha- 758001

2. The Manager (Service Department),

TVS Motor Company Ltd.

P.O. Box No- 4, Harita, Hasur,

Tamil Nadu- 635109 (India)

3. The manager, TVS Motor Company Ltd.

# 303, 3^rd Floor, Creative Plaza, Rasulgarh,

Bhubaneswar, Dist- Khurda, Odisha- 751010................Op. Parties

 

PRESENT: - Shri A.K. Purohit, President

                     Mrs B. Giri,            MEMBER (W)

                     Sri S.C. Sahoo,      MEMBER

 Advocate for the complainant- Sri Satyananda Das & S.K. Patra

Advocate for the Ops                 - Sri P.K. Parida

____________________________________________________________________________________  

Date of Hearing - 23.09.2015                                         Date of Order- 30.10.2015

___________________________________________________________________________

Sri S.C. Sahoo, Member-This is a complaint filed by the above named complainant praying for a direction to Ops to returned the excess amount of Rs.7921/- taken by Op-1 along with compensation of Rs.15000/- for deficiency of service and mental agony and Rs.2000/- towards litigation cost.

The brief facts of this case are that the complainant in order to purchase a motorcycle of TVS SPORT Motorcycle had gone to Op-1 who is the authorized dealer of Op-3 on 27.6.2014 but TVS SPORT Motorcycle was not available with Op-1 and as per advice of the Op-1 the complainant deposited a sum of Rs.50,600/- in advance towards the cost of the motorcycle along with insurance and registration fees vide money receipt No.0552 dt.27.6.14 and day after deposit, the complainant went to the Op-1 whose TVS Showroom was located at Dhangarpada, Keonjhar for receiving the motorcycle of TVS SPORT ES MWL FL bearing Engine No. DF5FE1026485 & Chassis No. MD625MF59E1F64330 and obtained sale certificate of the alleged vehicle Invoice No. 21441402619 for Rs.39,115/- and a cash receipt cum invoice of Rs.214/- vide No.14070038911, dt.03.7.14 along with Insurance Bond of ICICI Lombard Insurance Policy of motorcycle in which a sum of Rs.1257/- deposited towards premium and Rs.2093/- towards registration which were making a total expenses i.e. road worthy price of Rs.42,679/- out of Rs.50,600/- already deposited and approached Op-1 to refund the balance amount of Rs.7921/- excess amount taken but Op-1 assured the complainant as the amount deposited in the bank A/C will be refunded after 2 days to the complainant and being not refunded by Op-1 assured the complainant that the excess amount will be adjusted at the time of free service/ paid service and refused to return the excess amount and a lawyer’s notice through regd. post was also served to Op-1 knowingly not received.  Being harassed hence this case -

In support filed:    

1. Xerox copy of Advocate Notice, dt.22.9.14 -  2 sheets
2. S/R sent to Op-1 by Regd. Post returned Un Delivery dt.23.9.14 -
3. Original M.R. No. 0552, 27.6.14 -  1 sheet
4. Xerox copy of Vehicle Invoice & Cash Receipt cum Invoice -  1sheet
5. Xerox copy of Online Dealer Registration dt.03.7.14 -  1 sheet
6. Sale Certificate Xerox copy dt.03.7.14 - 1 sheet
7. Xerox copy of Insurance Policy - 1 sheet
8. Original M.R. No. 332 dt.23.9.14 - 1 sheet
9. Vehicle Invoice No. 278 dt.02.7.14 and Spare Invoice No.7 dt.02.7.14 - 2 sheets
10.  Documents obtained by RTI Act - 6 sheets

      After service of notice to Ops, the Ops appeared and filed their written version through their engaged counsel. The written version of the Ops depicts that the brother of the present complainant was present in the showroom for purchase of motorcycle on behalf of her sister who never was present and never visited the showroom anytime and all the transactions/ paper works was dealt by her brother Sri Krishna Mahanta, RTO staff for purchase of motorcycle for presentation in her marriage ceremony and Op-1 delivered the motorcycle along with necessary documents of bills worth of Rs.50,600/- which includes the price of the motorcycle for Rs. 42,679/- and rest amount for accessories like leg guard, saree  guard & seat cover, engine guard, grip cover & buzzer, basket, side handle lock, helmet worth of Rs.8485/- giving discount of Rs.564/- i.e. Rs.7921/- purchase price of those accessories making a total amount of Rs.50,600/- was received by the Op-1 and accordingly Sri K. Mahanta, the brother received all the money receipts worth of Rs.50,600/- and accordingly, the Op- 2 & 3 have not received the alleged amount of Rs.50,600/-cheatingly and by force and the complainant filed this case falsely against these Ops and the Ops have not indulge any Unfair Trade Practice and the complaint petition is frivolous and imaginary liable to be dismissed.

                      In support no document filed.

     Heard the learned counsels for the contesting parties and perused the materials available in record. It is not disputed by either parties that the vehicle purchased by the complainant from Op-1. The only dispute is that a sum of Rs.7921/- was taken as an excess amount out of Rs.50,600/- towards purchase of alleged motorcycle for Rs.42,679/- is the only adjudicating matters for consideration and the amount of Rs.50,600/- as was taken by Op-1 was whether genuine or not and whether coming under Unfair Trade Practice or not ?

The learned counsel for the complainant submitted that as per the advice of the Op-1 the complainant deposited the sum of Rs.50,600/- only vide M.R. No. 0552 dt.27.6.14 towards cost of TVS SPORT ES motorcycle and the Op-1 delivered the alleged motorcycle vide Invoice No. 21441402619 of Rs.39,115/- towards cost of motorcycle and accordingly issued the receipts towards purchase and also towards registration of motorcycle and insurance of the alleged vehicle vide M.R. No. 14070038911, dt.03.7.14 (towards Fee & Tax) and receipt of R.C.N No. 299511 (for Smart Card & Certificate) Rs.214/- and for Insurance of vehicle Rs.1257/- vide Policy No.3005/ 2010735821/ 00/ 0000001225 of ICICI Lombard making a total cost of alleged vehicle was Rs.42,679/- out of Rs. 50,600/- as was deposited advance and hence a sum of Rs.7921/- was taken as excess from the complainant and denied to refund the excess amount with a dishonest intention adopting unfair trade practice.

On the other hand learned counsel for the Op-2 & 3 submitted that the complainant has not disclosed and also clandestinely not filed the bills/ vouchers of all accessories like leg guard, saree  guard, seat cover, grip cover, engine guard, basket, helmet etc. worth of Rs.7921/- which was taken by the complainant making a total amount of Rs. 50,600/- and in this respect money receipt issued to the complainant and as such the complainant filed this case in order to get illegal gains from this Op-1.

With these pleadings, arguments and on perusal of documents/ materials available in record it is observed that the Ops have never filed any cogent evidence pertaining to their contention and also in the form of affidavit and it reveals that the documents/ materials which are available in record are deposited by the complainant and those documents are supplied by the Op-1 while purchasing the alleged motorcycle along with its Registration & Insurance amount & Spare Invoice & Vehicle Invoice of dt.02.7.14 is not believable and manufactured one by Op-1 and the vehicle registered with RTO Office on 03.7.14 on presentation of Sale Invoice of dt.03.7.14 and as such liable to compensate the complainant for unfair trade practice.        

          Hence, it is ordered and directed the Op-1 to refund/ return the excess amount of Rs.7921/- to the complainant as was taken prior to sale of the alleged motorcycle vide M.R. No. 0552, dt.27.06.14 within 30 days of receipt of this order. Further, the Op-1 is also directed to pay a sum of Rs.2000/- to the complainant towards compensation and 1000/- towards cost of litigation within same period. Failing which the entire amount will carry an interest @ 10% per annum till finalization of the award amount.

The Op-2 & 3 are exempted from liability as there is no direct transactions by the complainant with them.

                               Accordingly this case is disposed of.

 

                                                                          I agree                                  I agree

 

      (Sri S.C. Sahoo)                                  (Smt. B. Giri)                        (Sri A.K. Purohit)                  

     Member, DCDRF                            Member (W), DCDRF                  President, DCDRF            

        KEONJHAR                                         KEONJHAR                                KEONJHAR

 

                                                                           Dictated & Corrected by me

 

                                                                                     (Sri S.C. Sahoo)                                                                                                                                                 MEMBER DCDRF, KEONJHAR