IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
 Friday the 31st day of July, 2015.
Filed on 26..11..2011
Present
Smt. Elizabeth George  (President)
Sri. Antony Xavier  (Member)
Smt. Jasmine D (Member)
in 
C.C.No.384/2011
between
Complainant:-                           Opposite party:-

                                                                         Smt.Lathadevi.T.                     MGF Motors Ltd.  
                                                                         Kochuveedu                    VIII/48, Punnapra P.O.     
                                                                         Harippad  P.O.1                    Alappuzha – 688 004.
                                                                         Alappuzha - 690 514.                                      
     
O R D E R
SMT. JASMINE D. (MEMBER)
           
  The case of the complainant is that as per the advertisement given by the opposite party the complaint approached the opposite party to buy a new i10 car by exchanging her old Santro car.  The opposite party offered an exchange value of Rs.2 lakh for her old Santro car and also assured other offers as published in the advertisement. The complainant paid an amount of Rs.50,000/- towards advance payment on 28.06.2011 along with the required documents.  On 30.06.2011 the complainant approached the opposite party with the balance amount to purchase the new car.  Then the opposite party without any reason reduced the exchange value of the old Santro car to Rs.1,80,000/- since the opposite party has reduced the exchange value without and reasonable cause  the complainant could not proceed further.   The opposite party has not refunded the advance amount of Rs.50,000/- paid by the complainant.   The complainant sustained much mental agony and hence filed this complaint alleging deficiency in service on the part of the opposite party.  Notice was served to the opposite party but they did not file any version and the opposite party was set ex parte.
2. The case was once heard by the Hon’ble Forum and passed a one line order as “allowed”.  Thereafter the case was remanded by the Hon’ble State Commission to the Forum for hearing the matter afresh and to pass a detailed order.  Again notices were served to the parties but the opposite party remains absent.  Heard the complainant. 
3.  The evidence in the case consists of proof affidavit filed by the complainant and documents Ext.A1 to A6 were marked.
  4.      Considering the allegations of the complainant, the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the part of opposite party?
2) Whether the complainant is entitled to get any relief as prayed for?
             5.  Issues 1 and 2:- The case of the complainant is that as per the advertisement given by the opposite party the complainant approached the opposite party for purchasing a new i10 car by exchanging his old Santro car.  The opposite party assured Rs.2 lakh as exchange price and the complainant paid Rs.50,000/- in advance towards the purchase of the new vehicle.  After a day the complainant approached the opposite party to remit the balance amount and to purchase the new vehicle.  The opposite party without any reason reduced the assured exchange value of Rs.2 lakhs to Rs.1,80,000/- . Since they reduced the assured exchange value, the complainant could not proceed further and requested for refund of the amount paid in advance, but the opposite party has not refunded the amount so far.  The complainant sustained much mental agony and hence filed this complaint alleging deficiency in service on the part of the opposite party.  
    6.  The complainant filed proof affidavit and documents Exts.A1 to A6 were marked.  Ext.A1 is the details of cost estimated by the opposite party for different models of i10 car.  Ext.A2 is the customer offer form dated 28.6.2011 given by the opposite party.  Ext.A3 is the copy of receipt dated 
28.6.2011 issued by opposite party.   Ext.A4 is the order booking form dated 28.6.2011.   Ext.A5 is the notice issued by the complainant to the opposite party dated 18.9.2011.  Ext.A6 is the postal receipt.  From the documents Exts.A3 and A4, it is clear that the complainant booked a car on 28.6.2011 and the complainant paid an amount of Rs.50,000/-.  From Ext.A2 it is clear that opposite party offered an exchange value of Rs.2 lakhs for his old car.   When she approached the opposite party to pay the remaining balance and to purchase the new vehicle, the opposite party without any reasonable cause reduced the assured exchange value of Rs.2 lakhs to Rs.1,80,000/-.  According to the complainant, since there was a breach of contract on the part of the opposite party the complainant could not proceed further and requested for refund of the advance amount paid.  But the opposite party refused to repay the amount paid.  Thereafter the complainant has sent Ext.A3 notice to the opposite party demanding refund of the advance amount paid, but the opposite party has not refunded the amount so far. The complainant could not proceed with the matter only because opposite party reduced the assured exchange value from Rs.2 lakhs to Rs.1,80,000/-.  So the complainant requested for refund of the amount paid in advance.  The specific  case of the complainant is that the complainant booked for a new car and paid an amount of Rs.50,000/- as advance only became the opposite party assured an exchange value of 2lakhs for her old car.  The documents produced would show that allegation put forwarded by the complainant is genuine.  But the opposite party reduced the exchange value without any reasonable cause,  the opposite party has committed breach of promise.  A breach of promise itself may result in deficiency of service.  So the opposite party has committed deficiency in service.  So the complainant is fully entitled to get refund of the amount paid along with interests.  The acts of the opposite party caused the complainant to suffer mentally and financially.  So the complainant is also entitled to get compensation for mental agony and cost of the proceedings.  So the complaint is allowed accordingly.   
              
      In the result, the complaint is allowed.   The opposite party is directed to refund the amount of Rs.50,000/- (Rupees fifty thousand only) along with 11% interest from 28.6.2011 till realization.  
The opposite party is further directed to pay an amount of Rs.10,000/- (Rupees ten thousand only) 
towards compensation and Rs.3,000/- (Rupees three thousand only) towards costs of this proceedings.  The order shall be complied within one month from the date of receipt of this order.
                 Dictated to the Confidential Assistant, transcribed by him, corrected by me and pronounced in open Forum on this the 31st day of July, 2015.
         Sd/-  Sd/- Smt. Jasmine D (Member)
        Sd/-  Sd/- Smt. Elizabeth George  (President)
                 Sd/- Sri. Antony Xavier  (Member)
Appendix:-

Evidence of the complainant:- 

Ext.A1         -  Details of estimate by opposite party. 
Ext.A2         -  Customer offer form.   
Ext.A3           -  Copy of receipt dtd. 28.06.11.
Ext.A4           -  Copy of order booking form.
Ext.A5           -  Letter dtd. 15.09.11 sent to the opposite party.
Ext.A6           -  Postal receipt.

Evidence of the opposite party:- Nil

//True copy//
                                                                                                            By Order

Senior Superintendent.
To
    Complainant/Opposite party/SF

Typed by: Pg/-

Compd.By: Pr/-