;BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 474/2012 Filed on 31.12.2012

ORDER DATED: 31.03.2015

Complainant:

Harilal, S/o Rajendran, Lal Bhavan, House No. J9, Pettah P.O, Thiruvananthapuram-695 024.

 

                   (By adv. Mudakkal G.S. Satheesan Nair)

Opposite party:

T.V. Sundaram Iyenkar & Sons Ltd., represented by its General Manager, Neeramankara, Kaimanam P.O, Thiruvananthapuram.

                            

This case having been heard on 09.02.2015, the Forum on 31.03.2015 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

Complainant’s case is that on 27.06.2012 the authorized representative of the opposite party approached the complainant and explained the salient features of the Mahindra and Mahindra Maximo CBC vehicles.  They also told that they will arrange the loan facility up to Rs. 2,50,000/- through the Mahindra and Mahindra Financial Services Ltd., II Floor, Nandanam Towers, Dhanya Remya Theatre Road, Kunnumpuram, Thiruvananthapuram-695 001, for the purchase of the said vehicle and the said vehicle will be delivered within a week.  Thus on 30.06.2012 as per the promise of the opposite party, the complainant decided to purchase the said Mahindra Maximo CBC deliver van for an amount of Rs. 3,24,133/- and paid Rs. 82,000/- as part of the vehicle value as per demand of the opposite party.  The opposite party also offered free insurance and other cash discount benefits for the delivery of the said vehicle.  Thus the total purchase price of the said vehicle is Rs. 3,32,000/-.  The balance amount of Rs. 2,50,000/- is paid by the Mahindra & Mahindra Financial Services Ltd. as per the terms.  At the time of payment the opposite party assured that the vehicles will be delivered within a week after body building and RT office registration formalities.  The opposite party issued an order form and in it, the tentative date of delivery was on 07.07.2012.  The Mahindra & Mahindra Financial Services Ltd. calculate the repayment of loan installments from 1^st July 2012 to 01.07.2046 (48 installments) @ Rs. 7,070/- per month.  The complainant is regularly paying the monthly installments @ Rs. 7,070/- and paid Rs. 42,420/- for six installments till date, i.e; up to December 2012.  But contrary to the promise the opposite party did not deliver the said vehicle till date.  As per the assurance of the opposite party, the complainant entered agreement with Sevena Curry Powder Company and Kannan Devan Tea Company for the distribution of their products.  But due to the non-delivery of the vehicle in time, the complainant has lost the said distributionship.  Moreover if the opposite party delivered the vehicle in time, he can earn more than Rs. 25,000/- per month after all the expenses including loan installments.  The delivery van was for the purpose of conducting the business for the livelihood of the complainant.  The opposite party has been grossly negligent and deficient in service of the delivery of the Mahindra Maximo delivery van within the stipulated time even now also and there caused severe monetary loss and mental agony to the complainant.  It is the liability of the opposite party to satisfy the complainant as a consumer.  The complainant sends a legal notice to the opposite party on 19.11.2012.  They received the notice but did not send any reply or deliver the vehicle or return back the vehicle amount till date.  The complainant is a consumer in relation to the opposite party and paid consideration.  There was a deficiency in rendering the service.  The complainant has lost so many opportunities because of the negligence of the opposite party.  The Mahindra & Mahindra Financial Services Ltd.  is introduced by the opposite party for issuing the loan facility.  At the time of issuing the loan amount the opposite party answered that the loan installments shall be paid after the delivery of the van.  So the opposite party is also liable to compensate the complainant’s monetary loss and for mental agony.  Hence this complaint claiming relief from the opposite party (1) to direct the opposite party to deliver the Mahindra Maximo CBC delivery van and to pay an amount of Rs. 2,00,000/- to complainant as compensation for the loss incurred due to inordinate delay in delivery of the vehicle and other loss or to direct the opposite party to pay an amount of Rs. 3,32,000/- from the opposite party with interest at the rate of 18% per annum and also directed to pay an amount of Rs. 2,00,000/- to the complainant as compensation for the loss incurred due to the inordinate delay in delivery of the vehicle and other loss, (2) to direct the opposite party to pay an amount of Rs. 42,420/- (i.e., monthly installments Rs. 7,070/- x 6 months) being the amount paid towards the repayment of the loan amount for 6 months from 01.07.2012 to 01.12.2012 with interest @ 18% per annum, (3) to pass an order directing the opposite party to pay an amount of Rs. 1,00,000/- for the mental agony and sufferings and (4) to direct the opposite party to pay the cost of the proceedings. 

Notice was issued to opposite party and opposite party accepted the notice.  Opposite party neither appeared nor filed version.  Opposite party set exparte on 28.02.2013. 

Complainant filed chief affidavit and Exts. P1 to P7 marked on the side of the complainant. 

 

The points that arise for consideration are:-

1. Whether there is deficiency in service and unfair trade practice on the part of the opposite party?

2. Whether the complainant is entitled for the reliefs sought for?

3. What is the order as to cost?

    

Points (i) to (iii):- Going through the evidence of complainant and perusing Exts. P1 to P7, Ext. P1 is the estimate 27.06.2012 given by the opposite party and estimated date of delivery is shown as 07.07.2012, Ext. P2 is the order form dated 30.06.2012 which shows that complainant has paid Rs. 82,000/- by way of cheque and loan amount mentioned as Rs. 2,50,000/-, Ext. P3 is the loan details of Mahindra & Mahindra Financial Services Ltd., Ext. P4 is the details of installments of Mahindra & Mahindra Financial Services Ltd. and Exts. P5, P6 & P7 are the lawyer’s notice, postal receipt and acknowledgement card respectively.  Perusing the documents and evidence of the complainant we have no other go but to go with the evidence of the complainant since there is no contra evidence from the part of opposite party.  Considering the evidence of complainant we are of the opinion that complainant had paid Rs. 82,000/- and arranged loan of Rs. 2,50,000/- and paid to opposite party for the purpose of purchasing the Mahindra Maximo CBC vehicle.  But the opposite party has not delivered the vehicle yet.  Going through the evidence it is seen that complainant has not produced any document to show that he has paid 6 installments and also there is no proof regarding the agreement for distribution of goods with Sevana Curry Powder Company and Kannan Devan Tea Company.  Since complainant has opted to purchase the vehicle for his livelihood complainant is a consumer under the Consumer Protection Act.  Since there is no proof regarding the payment of installment and agreement for distribution of goods the relief sought for repayment of Rs. 42,420/- and interest as well as compensation for loss of said distributionship cannot be allowed.  Considering the evidence and perusing the document it is evident that there is unfair trade practice and deficiency in service on the part of opposite party.  So the opposite party is directed to deliver Mahindra Maximo CBC van to complainant within one month along with compensation of Rs. 50,000/- towards mental agony and sufferings of the complainant.  If the opposite party failed to deliver the said vehicle to complainant within the above stipulated time complainant is entitled to realize an amount of Rs. 3,32,000/- with interest at the rate of 18% per annum and also Rs. 50,000/- as compensation for the mental agony and sufferings of the complainant.  Apart from the above opposite party is directed to pay Rs. 3,000/- towards cost of the proceedings. 

 

In the result, complaint is allowed.  Opposite party is directed to deliver Mahindra Maximo CBC van to the complainant within one month from the date of receipt of this order along with compensation of Rs. 50,000/- towards mental agony and sufferings.  If the opposite failed to comply with the above order, complainant is entitled to realize Rs. 3,32,000/- with interest at the rate of 18% per annum and an amount of Rs. 50,000/- as compensation for the mental agony and sufferings and Rs. 3,000/- towards cost of the proceedings apart from the above.   

 

 

 

 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of March 2015.  

 

 

         Sd/-

P.SUDHIR                             : PRESIDENT

 

         Sd/-

R. SATHI                               : MEMBER

 

          Sd/-

LIJU B. NAIR                        : MEMBER

 

 

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C.C. No. 474/2012

APPENDIX

 

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of estimate dated 27.06.2012 issued by opposite party.

P2     - Copy of order form of Sl. No. 138 dated 30.06.2012.

P3     - Copy of loan details issued by Mahindra & Mahindra Financial

             Services Ltd., to complainant. 

P4     - Copy of finance scheme of Mahindra & Mahindra Financial Services

             Ltd.

P5     - Copy of advocate notice dated 19.11.2012

P6     - Postal receipt dated 20.11.2012

P7     - Copy of acknowledgement card

 

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

 

                                                                                                      Sd/-

PRESIDENT

 

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