By: Smt. Mini Mathew, Member
1. Complainant's case in brief is that on 18/3/15 he approached the opposite party and booked for Yamaha Motor cycle after paying an amount of Rs.1000/-. At the time of booking complainant had insisted and demanded the opposite party that the vehicle should be 2015 model. The opposite party had agreed for that. On 19-3-15 the opposite party delivered the vehicle to the complainant after receiving an amount of Rs.92000/-. Complainant received the vehicle along with Insurance Certificate issued by the National Insurance Co. Ltd. on 19-3-15 and the year of manufacture noted in the Insurance Certificate is 2015. After that complainant applied before the RTO, Malappuram for getting the vehicle registered and its was registered. On 17-4-15 after receiving the Registration Certificate from the RTO, Malappuram complainant was surprised to note that the year of manufacturer is noted in the RC is 2014. On 18-4-15 complainant went to the office of the opposite party and informed him about the change of year of manufacturer of the vehicle. Opposite party stated that it was due to the mistake happened in the Data Sheet and he is ready to correct it. After that several times complainant contacted the opposite party and demanded them to correct it, but they are not willing for that. Hence this complaint.
2. After receiving notice from this Forum opposite party appeared before this Forum and seeking time for version. After that he has not turned up and there was no representation on his part. Hence name of the opposite party was called and was set ex-parte. Complainant filed affidavit in lieu of Chief Examination and documents were marked as Ext. A1 to A5. Complaint is proved.
3. After receiving huge amount from this complainant, opposite party delivered a vehicle to the complainant manufactured in the year 2014 instead of 2015. The evidence placed before this Forum proves that the complainant had purchased a Yamaha Motor cycle on 19-3-15 from the the opposite party after paying an amount of Rs.92000/- and the change of year of manufacturer also proved by the complainant through the documents placed before this Forum. The act of the opposite party amounts to deficiency in service and unfair trade practice. These type of attitude is to be curtailed from the very beginning itself. Hence we allow this complaint.
The opposite party is hereby directed to substitute a 2015 model Motor cycle of the same kind with the motor cycle which has already been delivered to the complainant. The complainant shall return the 2014 model motor cycle to the opposite party when the 2015 model motor cycle is delivered to him by the opposite party. The complainant is entitled for Rs.10000/- as cost and compensation from the the opposite party. If the opposite party is not willing to replace the motor cycle with a 2015 model he shall pay Rs.93000/- to the complainant and the complainant shall return the motor cycle on receipt of the said amount. The order shall be complied within one month from the date of receipt of copy of this order.
Dated this 29th day of January, 2016
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Cash receipt issued by opposite party.
Ext.A2 : Motor Vehicle Insurance Cover note.
Ext A3 : Certificate of Insurance cum Policy Schedule.
Ext A4 : Certificate of Registration.
Ext A5 : Photo copy of Demand Draft.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
