Date of filing : 12-04-2012
Date of order : 28-11-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.105/2012
Dated this, the 28th day of November 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
T.P.Abbas, S/o.Assainar, : Complainant
R/at Kattakkal House, Po.Kalnad,
Kasaragod District.
(Adv. K.Kumaran Nair, Kasaragod)
1 The Proprietor, ITL Motors Pvt. Ltd, : Opposite parties
12/43C Feroke Chunga, Ferok,
Calicut. 673631.
2 The Branch Manage, ITL Motors Pvt.Ltd,
A.K. Complex, Adukathbail, Kasaragod. 671121
(Ops 1 & 2 Adv. O.C.Rajagopalan, Hosdurg)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The case of the complainant in brief is that he had booked for a Bolero S/XF Black vehicle on 14-12-2011 by paying an amount of Rs.10,000/- as advance consideration. The said vehicle was intended for the son of the complainant Mr.Fazal Rahiman who was employeed as Physiotherapist in Australia who was about to visit his native place shortly. At the time of booking the opposite parties assured that the vehicle would be delivered within 45 days from the date of the order booking. But the opposite parties failed to deliver the vehicle within the promised period despite of repeated requests. On enquiry the opposite parties or their agent were not even sure enough to tell when exactly the vehicle would be delivered. Under this circumstances the complainant cancelled the booking. This amounts to deficiency in service from the part of opposite parties for the difficulties sustained to the complainant.
2. The Opposite parties appeared and filed version by contending that there is no deficiency from their part but they admitted the booking of the vehicle by paying an amount of Rs.10,000/-. They further contended that after the cancellation of the vehicle the company requested the complainant to receive the amount paid at the time of booking the vehicle, they never gave any assurance that the vehicle will be delivered within 45 days. It was also denied by the opposite parties that when the complainant contacted the show room at Mangalore and the said vehicle with the same specification was available there, they offered to take the delivery on payment but due to the difficulties related to the inter state registration of the vehicle the complainant dropped the idea to purchase it from Mangalore.
3. The complainant was examined as PW1. Ext.A1 to A3 marked. Opposite parties represented that they have no oral evidence and Ext.B1 marked. While going through the evidence and documents, as per Ext.A1 the complainant had booked for the subject matter in the above case by paying an amount of Rs.10,000/- to the opposite party. As per the complainant the vehicle was intended for his son who is employed at Australia and he further specified that the vehicle was urgently needed for the complainant since they have no other vehicle at home and the complainant’s son was in look for a bride. The vehicle was booked only on the assurance that it would be delivered to the complainant at any rate within 45 days from the date of the order booking. As per this promise the complainant’s son scheduled his arrival to his native place. But the failure on the part of the opposite parties to deliver the vehicle within the stipulated time shattered the entire plan and inorder to prove this aspect the complainant produced his sons copy of his passport which was marked as Ext.A3. The complainant was constrained to cancel the order booking only due to the failure on the part of the opposite party to deliver the vehicle in time. Eventhough the vehicle with same specification was readily available at Mangalore was not purchased by him by apprehending the additional expense for inter state registration of the vehicle. Hence there is deficiency on the part of the opposite parties and PW1 is entitled for a compensation.
In the result, the complaint is allowed the opposite parties are jointly and severally directed to refund the advance amount of Rs.10,000/- with interest @ 10% per annum from 14-12-2011 till the realization of the amount. The opposite parties are further directed to pay an amount of Rs.3000/- as compensation and cost of Rs.3000/-. Time for compliance is 30 days from the date of receipt of copy of order.
MEMBER MEMBER PRESIDENT
Exts.
A1.14-12-2011 Vehicle Order Taking Form.
A2.04-02-12 Copy of Lawyer notice.
A3. Photocopy of Passport of Mr. Fazalul Rahman.
B1. Vehicle Order Taking Form.
PW1.AbbasT.P.
MEMBER MEMBER PRESIDENT
Pj/
