KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
APPEAL No.302/09
JUDGMENT DATED 26.5.2010
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT
SRI.M.K.ABDULLA SONA -- MEMBER
M/s. Sitaram Bajaj,
@Sitara, Auto Sales and service
Poonkunam Thrissur, reptd by its -- APPELLANT
Working Parter Sitaram
(By Adv.Arun Kumar Kaimal & Ors.)
Vs.
1. K.D.Gopalakrishnan,
S/o Kannoli Divakaran, -- RESPONDENTS
Kurimbilavu, Pazhuvil
Thissur.
2. M/s.Force Motors Ltd,
Mumbai-Pune Road Akrudi,
Pune.
JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
The appellant is the opposite party in CC.188/06 in the file of CDRF, Thrissur. The appellant is under orders to deliver a new C.G.1000 three wheeler for a price of Rs.14,592/- as offered in the advertisement. The appellant is also directed to pay a sum of Rs.500/- towards cots.
2. The case of the complainant is that the price shown the advertisement in the Mathrubhoomi daily by the appellants for the above vehicle was Rs.14,592/-. He went to the opposite party/appellant with the above amount for purchase of the vehicle and the appellant refused to deliver the vehicle.
3. It is the case of the appellant that the cost of the vehicle is Rs.1,18,000/-. There was a star in the advertisement. It is mentioned in the side portion of the advertisement against the star that conditions applied. The appellant has produced a copy of the above advertisement. We find that the words conditions apply in a very small print whereas the rest of the advertisement with respect to the price that included Insurance, Registration, Road Tax, Fitness charge is in large size letters. We find that the above advertisement is quite misleading and amounts to unfair trade practice. All the same the direction to deliver the vehicle for Rs.14,592 whereas the price of the same is Rs.1,18,000/- cannot be upheld. In the circumstances, the order of the Forum is modified as follows.
4. The appellant/opposite party is directed to pay a sum of Rs.5000 towards compensation to the complainant as he has taken the trouble to collect the money and go to showroom of the opposite party; and also cost of Rs.500/-. The amounts are to be paid within 3 months from the date of this order, failing which the appellant would be liable to pay interest at 18% from today. The appeal is allowed in part as above.
The office is directed to forward the copy of this order to the Forum urgently.
JUSTICE K.R.UDAYABHANU -- PRESIDENT
M.K.ABDULLA SONA -- MEMBER
