DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 22nd day March, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 08/08/2022
CC/141/2022
Azeez.P.V
S/o Mohamed kutty
Shahida Villa
Kulappully P.O
Palakkad - 679 122
(Party in person) - Complainant
Vs
Junaid,
Auto Delux,
Alathur padi, Melemuri
Malappuram -676 517 - Opposite party
(Party in person)
O R D E R
By Sri.Krishnankutty.N.K., Member.
1. Pleadings of the Complainant
The complainant approached the opposite party for purchase of a pre owned car in exchange of his old car and paid Rs. 3,000/- as advance on 05/06/2022. According to the complainant, the opposite party had promised to arrange loan for the balance amount. Since the opposite party failed to arrange the loan, the complainant demanded refund of the advance amount, but the opposite party didn't make the refund inspite of repeated telephone calls and visits to his office. Hence the complainant approached this Commission seeking refund of the advance amount, apart from a compensation of Rs. 50,000/- and cost of Rs. 2,500/-
2. Notice was issued to the opposite party. He entered appearance and filed version. His contention is that he is prepared to refund the amount once the original receipt issued is produced and surrendered by the complainant. Hence the matter was referred for Adalath held on 28/10/2022, but couldn't be settled due to the absence of opposite party.
3. Issues framed
Based on the pleadings of the complainant and opposite party, the following issues were framed.
- Whether the conduct of the opposite party of not returning the advance amount justified?
- Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
- Whether the complainant is entitled to the reliefs claimed?
- Reliefs as to cost &compensation.
4. The complainant filed proof affidavit and marked Ext. A1 as evidence. The opposite party has been continuously absent and the name was called in open court and was set ex- parte.
5. Issues 1to 3
Ext. A1 marked as evidence is the original receipt issued by the opposite party for the advance amount of Rs. 3,000/- collected from the complainant. The opposite party has already admitted this fact in the version and hence it is amply clear that the opposite is liable to make the payment to the complainant. But he failed to make the payment even after a lapse of over 8 months. Further the complainant brought the original receipt to the Adalath anticipating that the opposite party would make the payment once the original receipt is handed over. But the opposite party didn't turn up. Hence it is clear case of deficiency in service and unfair trade practice. Resultantly the complaint is allowed.
6. Issue 4
The complainant is entitled to the following reliefs. Hence the opposite party is directed
- To refund the advance amount of Rs. 3,000/- along with interest @ 10%pa from 05/06/2022 till the date of payment.
- To pay a compensation of Rs. 10,000/- for deficiency in service and unfair trade practice and
- Rs. 5,000/- as cost.
The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 22nd day of March, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Documents marked from the side of the Complainant:
Ext. A1: Original Receipt issued by the opposite party dated 05/06/2022 for the advance payment of Rs. 3,000/- made by the complainant.
Documents marked from the side of opposite party: Nil
Witness examined- Nil
Cost- Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
