consumer case(CC) No. CC/09/241

Abdul Latheef,S/o Abdul Salam,Bismillah,Ugran Kunnu,Placherry PO,Punalur Village,Pathanapuram
...........Appellant(s)

Vs.

Manager,Kulathungal motors,Kottarakkara and other two

Manager,Kulathungal Motors,Toll Junction,Oruvathilkotta,Anayara PO

Benoy Thomas,Business Executve,Kulathungal Motors,Kottarakkara
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

SRI.K. VIJAYAKUMARAN, PRESIDENT.



This is a complaint seeking a direction to the opp.party to issue a new vehicle with compensation and costs

The averments in the complaint can be briefly summarized as follows:

On 24.10.2008 the complainant went to the first opp.party office and placed his order for a Tata Indica Car of August 2008 model red colour and the 1st opp.party in the presence of 3rd opp.party agreed for that and on the same day the complainant placed his order for the Tata Indica model car to the 1st opp.party and paid an advance amount of Rs.1000/- On 4.11.2008 the complainant went to the 1st opp.party office to take delivery of the vehicle as per the agreement. By night they delivered the vehicle to the complainant who paid the amount of Rs.332142/- towards the value of the vehicle including the temporary registration charges and insurance of the vehicle . He took delivery of the vehicle on the same day and issued the documents of vehicle to the complainant. When the vehicle was sent for registration and after the registration the complainant came to know that the vehicle delivered to him was that of 2007 August model. On enquiry it was realized that the vehicle delivered to him was a second hand vehicle. It had first been delivered to one or other person. The vehicle booked by the complainant was delivered to another person. The complainant approached the opp.parties but they evaded with lame excuses. Hence the complaint.



The opp.parties filed a joint version contending as follows: On 24.10.2008 the complainant approached the opp.party requesting them to provide him with a new 2007model Tata Indica DLS car so that he could get the depreciation benefit and cash discount offered by the dealers on such vehicles. A cavern grey 2007 model new car was delivered to the complainant with a cash discount of Rs.40,000/-. The complainant after being fully satisfied of the make condition and model of the delivered vehicle executed a satisfaction note in this regard . Hence the opp.parties prays to dismiss the complaint.

Points that would arise for consideration are:

1. Whether there is deficiency in service on the part of the opp.parties

2. Reliefs and costs.

For the complainant PW.1 is examined. Ext. P1 to P10 are marked.

Points:

The complainant proved his case by filing affidavit and proving Exts P1 to P10. The opp.parties though filed version did not turn up or adduce any evidence in support of their contention . From the evidence of PW.1 and Exts. P1 to P10, we hold that the complainant has proved his case and as such he is entitled to get a 2008 model vehicle from the opp.parties.. Point found accordingly.



In the result the complaint is allowed in part, directing the opp.parties to give a Tata Indica 2008 model vehicle booked by the complainant to him. The opp.parties are also directed to pay Rs.5,000/- towards compensation and costs. The order is to be complied with within one month from the date of this order.