Tamil Nadu

StateCommission

A/508/2023

ANAND MOTORS, AUTHORIZED DEALER FOR INDIA YAMAHA MOTOR PVT.LTD., - Complainant(s)

Versus

E.THANIGACHALAM S/O,ELLAPPAN - Opp.Party(s)

V.BALAJI

27 Jun 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.508 of 2023

(Against the Order passed in C.C. No.43/2020 dated 19.07.2022 on the file of the D.C.D.R.C., Kanchipuram District @ Chengalpattu)

 

Dated the 27^th day of June 2023

Anand Motors,

Authorized Dealer for India Yamaha Motor Pvt. Ltd.,

Represented by its Proprietor,

Mr. Anand,

No.165, Annai Indira Nagar,

Ponnerikkarai,

Kancheepuram – 631 502.               .. Appellant / Opposite party.

 

- Versus –

E. Thanigachalam,

S/o. Mr. Ellappan,

No.116, Thattar Street,

Iyyankar Kulam,

Kancheepuram Taluk & District.         .. Respondent / Complainant.

 

Counsel for Appellant / Opposite Party : M/s. V. Balaji

Counsel for Respondent / Complainant : M/s. G. Ravikumar 

 

                The Respondent as complainant has filed a complaint before the District Commission against the opposite party praying for certain directions.  The District Commission had passed an ex-parte order, allowing the complaint.   Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Consumer Commission dt. 19.07.2022 in C.C. No.43/2020.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for both parties, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

           

ORDER

 

Thiru. R VENKATESA PERUMAL, MEMBER  (Open Court)                    

 

1.     The opposite party before the District Commission is the appellant herein.

 

2.     The case of the complainant before the District Commission is that the complainant booked a two wheeler namely; Yamaha Cygnus Alpha Vehicle 2017 model bearing Registration No. TN-19 AF 3413 with the opposite party showroom by paying Rs.15,000/- as initial amount on 12.01.2018 along with a sum of Rs.2,500/- for taking insurance to the new vehicle.    The total value of the vehicle is of Rs.61,232/- which should be payable at 24 equal monthly instalments along with interest the EMI comes to Rs.2,785/-.   At the time of delivery of the said vehicle, the opposite party has not given the Registration Certificate and Insurance Policy to the complainant.  Hence, the complainant questioned about the same to the opposite party’s Manager for which, he replied that it will be handed over to the complainant after completing certain formalities.   The complainant was prompt in payment of EMIs.   Finally, during June 2018, the opposite party has given a copy of the Insurance Policy of the said vehicle, but to the shock and surprise of the complainant, the said Insurance policy was found in the name of one Mr. E. Mohidheen Abdul Kadhar and the name of vehicle owner also reflects as Mr. E. Mohidheen Abdul Kadhar.    Then only, he came to know that he was cheated by the opposite party as they have sold an old vehicle by making some alterations.   Hence, the complainant had given a complaint to the Inspector of Police, Kancheepuram Taluk Police Station on 23.11.2019 to take necessary action against Mr. Anand and on receiving of the complaint the Police issued CSR on 23.11.2019.   After conducting enquiry, the police had come to a conclusion that the opposite party has cheated the complainant by selling the old vehicle by receiving the amount for the new vehicle.  Hence, the police has registered a case against the said Mr. Anand under section 420 and 506 (i) of IPC in crime No.106/2020, dt. 24.02.2020 in which, he had been arrested and remanded in to the judicial custody.  The act of selling the old vehicle caused great mental agony to the complainant.   Hence, the complainant sent legal notice dt. 16.03.2020 to the opposite party for which, he did not sent any reply.  Thus, alleging deficiency in service on the part of the opposite party, the complainant had filed a complaint before the District Commission to direct the opposite party to deliver a new Two wheeler to the complainant, to pay a sum of Rs.3,45,000/- towards compensation for financial loss, mental agony  the rate of 24% p.a., to pay sum of Rs.2,00,000/- towards compensation for deficiency in service and cost to the complainant.

 

3.     Though Advocate by name Mr. Elumalai filed Vakalath but subsequently failed to file Written version and before the District Commission and hence, the opposite party was set exparte.  Consequently, the District Commission passed an ex-parte order directing the opposite party to refund a sum of Rs.15,000/- towards initial payment and to refund a sum of Rs.24,000/- towards monthly instalment for 5 months with interest at the rate of 12% p.a. from the date of complaint till the date of realization to the complainant. Further, the opposite party is directed to pay a sum of Rs.50,000/- towards compensation for mental agony and financial loss to the complainant and to pay a sum of Rs.15,000/- towards cost to the complainant failing which, the above amounts (Rs.50,000/- + Rs.15,000/- = Rs.65,000/-) shall carry interest at the rate of 9% p.a. from the date of order to till realization.

4.     Aggrieved over the said order, this appeal is preferred by the opposite party praying for setting aside the order and for a chance to contest the case on merits.

 5.    Before this Commission, the counsel for the appellant / opposite party submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding in the complaint.  Further, the complainant has not approached the District Commission with clean hands.  
The complainant has committed default in payment of EMIs.  Therefore, the opposite party sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

6.     When the case had come up before this Commission on 26.06.2023, after hearing the submission of the both parties, this Commission had felt that there is some force in the arguments of the counsel for the appellant / opposite party and therefore, in order to give a chance to the opposite party to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite party, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on the same day.   Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.   Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law.

 

In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Kanchipuram District @ Chengalpattu in C.C. No.43/2020 dt.19.07.2022 and the matter is remanded back to the District Consumer Commission, Kanchipuram District @ Chengalpattu for fresh disposal according to law and on merits after hearing both sides.

 Both parties are directed to appear before the District Consumer Commission, Kanchipuram District @ Chengalpattu on 27.07.2023 for further proceedings.  The appellant / opposite party is directed to file Written Version, proof affidavit, written argument and documents if any on the same day itself.

 The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.  

 Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellant / opposite party before this Commission.

 

 

 

   R  VENKATESAPERUMAL                                                                                          R. SUBBIAH

                 MEMBER                                                                                                            PRESIDENT

 

 

Index :  Yes/ No

 

KIR/SCDRC/Chennai/Orders/June/2023