By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant is the owner cum driver of bus No.KL-55-M-5816 and complainant purchased tyres for the above said vehicle from opposite party for the last so many years. On 06/03/2020 complainant purchased two Apollo Endurace MA 1000.20 tyres worth Rs.20,200/- (Rupees Twenty thousand and two hundred only) each from opposite party. The cost of tyres was Rs. 40,400/- (Rupees Forty thousand and four hundred only) and complainant paid an advance amount of Rs. 10,000/-(Rupees Ten thousand only) to opposite party on the same day. Complainant promised to pay the balance amount of Rs. 30,400/-(Rupees Thirty thousand and four hundred only) within few days to opposite party and he had taken the tyres with him on that day. But opposite party did not give purchase bills for the above tyres.
2. Due to Covid-19 pandemic complainant was unable to pay the amount within the promised time. After four months he had approached opposite party for paying the balance amount of Rs. 30,400/-(Rupees Thirty thousand and four hundred only), but opposite party was not ready to receive that amount from complainant. Opposite party gave a bill for Rs. 50,980/-(Rupees Fifty thousand nine hundred and eighty only) to complainant on that occasion.
3. On 10/08/2020 the opposite party send a lawyer notice under Section 138 of Negotiable Instrument Act by misusing a cheque given to opposite party years ago. As per the notice complainant was to pay Rs. 50,980/-(Rupees Fifty thousand nine hundred and eighty only) to the opposite party as the cost of the two tyres. The complainant sent reply to the notice stating the true facts of transactions between complainant and opposite party. According to complainant the true value of tyres was Rs. 40,400/-(Rupees Forty thousand and four hundred only) and out of that Rs. 10,000/-(Rupees Ten thousand only) was given as advance. The complainant is only liable to pay Rs. 30,400/- (Rupees Thirty thousand and four hundred only) to the opposite party. The grievance of the complaint is that the opposite party is trying to misuse a cheque given by the complainant and thereby trying to extort money from complainant which is unfair trade practice and so file this complaint to redress the grievance.
4. On admission of the complaint issued notice to opposite party and despite service of notice opposite party not turned up hence set him exparte. Complainant filed affidavit and documents. Documents marked as Ext.A1 to A4. Ext.A1 is photocopy of quotation dated 06/03/2020, Ext. A2 is copy of lawyer notice dated 10/08/2020, Ext.A3 is reply notice dated 9/9/2020, Ext.A4 is photocopy of postal acknowledgement, Ext.A5 is photocopy of postal acknowledgement.
5. We have perused affidavit and documents and also heard the complainant. But on perusal of affidavit and documents it can be seen that there is a dispute regarding the issuance of cheque and a notice under Section 138 of Negotiable Instrument Act. So it will not be proper to give any order on issuance of cheque and further issues thereof.
6. But the grievance of complainant regarding purchase of tyres and dispute on price it appears genuine. The allegation of the complainant is that the opposite party did not issue bill at the time of purchase, but issued only after four months of purchase. Complainant also alleges the price mentioned in Ext. A1 bill is not correct. The Commission finds merit in the contention regarding the same. At the same time the prayer of the complainant is that he sustained financial loss and suffered mental agony and also huge amount towards legal expenses are baseless. In the above circumstances we allow the complaint as follows:-
- The Commission declare that the price of the tyre as Rs. 40,980/-(Rupees Forty thousand nine hundred and eighty only) and the opposite party entitled only Rs.30,980/- (Rupees Thirty thousand nine hundred and eighty only) after deducting advance amount of Rs. 10,000/-(Rupees Ten thousand only) towards the cost of tyres.
- The opposite party is directed to pay Rs. 5000/- (Rupees Five thousand only) as cost of the proceedings.
- Since the opposite party is entitled to Rs. 30,980/- (Rupees Thirty thousand nine hundred and eighty only) towards the cost of tyres , he is allowed to realise only Rs.25,980/-(Rupees Twenty five thousand nine hundred and eighty only) after deducting Rs. 5,000/- (Rupees Five thousand only) towards the cost .
The opposite party shall comply this order within one month from the date of receipt of copy of this order.
Dated this 8th day of February, 2022.
