DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM
PRESENT
SRI.P.V.JAYARAJAN : PRESIDENT
SMT.PREETHA.G.NAIR : MEMBER
SRI.VIJU.V.R. : MEMBER
CC.NO.524/2016 (Filed on : 25.10.2016)
ORDER DATED : 28.02.2022
COMPLAINANT
Rajendran.C
TC.76/2202, Laila Nivas,
Venpalavattom, Anayara.P.O
Thiruvananthapuram
Pin - 695029
(By Adv.Abdul Shukkur Arakkal)
VS
OPPOSITE PARTY
The Proprietor,
Perfect Honda, Pothen Vehicles and Service Pvt Ltd,
Toll Junction, Chackai,
Kazhakkuttom Byepass Road,
Anayara.P.O, Thiruvananthapuram
Pin - 695029
(By Adv.V.K.Mohan kumar)
ORDER
SMT.PREETHA.G.NAIR : MEMBER
The complainant is an advocate by profession. The complainant decided to purchase a new HONDA JAZZ/1.2 S MT car by exchanging his 2005 model Maruti Alto car. Wherein the opposite party’s authoirsed agent contacted and offered assistance for effecting the purchase and informed that the total price of the vehicle is Rs.6,38,500/- (Rupees Six lakh thirty eight thousand five hundred only). The complainant had demanded Rs.1,00,000 /- (Rupees one lakh only) as exchange price for his 2005 model Maruti Alto Car and the opposite party had assured complainant that the opposite party was ready to lesser an amount of Rs.95,000/- (Rupees ninety five thousand only) as exchange price and further assured that the opposite party would deduct an amount of Rs.95,000/- Ninety five thousand only) as exchange price and further assured that the opposite party would deduct an amount of Rs.5000/- as additional discount from the total price of the vehicle. The complainant accepted the opposite party’s assurance and paid Rs.10,000/- (Rupees ten thousand only) as booking amount. Thereafter the complainant came to the opposite party’s office with family for taking delivery of the vehicle, the opposite party issued the customer account settlement for an amount of Rs.7,21,297/- (Seven lakh twenty one thousand tow hundred and ninety seven only) to the complainant. But to the surprise of the complainant, it was seen in the customer account settlement that the opposite party had deviated from the opposite party’s earlier assurance given to the complainant. The complainant realised that the opposite party had deducted Rs.90,000/- (Rupees ninety thousand only) instead of Rs.95,000/- (Rupees Ninety five thousand only) as exchange price. Instead of the actual price of Rs.6,38,500/- (Rupees Six lakh thirty eight thousand five hundred only) mentioned in retail invoice, the opposite party had increased the total price of the vehicle as Rs.6,43,500/- (Rupees six lakh forty three thousand five hundred only) and deducted an amount of Rs.5000/- as additional discount. Moreover, the complainant paid Rs.2,100/- (Rupees two thousand one hundred only) as accessories. The opposite party had deviated from the opposite party’s earlier assurance and promise. Hence the complainant was compelled to pay an additional amount of Rs.12,100/- (Rupees twelve thousand only one hundred only). The opposite part, by these means has played unfair trade practice and deficiency in service. The complainant has caused to issued a legal notice calling upon the opposite party to compensate for the difficulties within 15 days of receipt of the notice, the same was duly served to the opposite party, but this opposite party has not even send a reply till date.
2. The opposite party filed version stating the following contentions. The complainant approached the opposite party to purchase a new Honda Jass/1-2 SMT car by exchanging his 2005 maruti Alto Car is true. The complainant wanted one lakh rupees for the price of the old car. But the opposite party offered a maximum of Rs.90,000/- as the price of his old car, but offered RS.5000/- as discount. Thus the complainant will get total benefit of 95,000/- to be deducted from the price of his new car. This was agreed upon by the complainant and opposite party. In the invoice the discount of Rs.5000/- was given and the price was arrived at Rs.6,38,500/-.This amount is after deducting the discount of Rs.5000/-. For billing purpose also higher amount is billed and discount cannot be given. Hence once agreed by both parties in the final bill amount will be deducing the discount given. In the final customer settlement receipt also discount allowed is shown as Rs. 5000/- in addition to the exchange price of Rs.90,000/-. Thus it is clear that the complainant got the benefit of Rs.95,000/-. All these things were agreed upon at the initial stage itself. The complainant has paid Rs.2100/- for the price of accessories purchased by the complainant for his new car. The complainant has not paid any additional amount. He has paid only for the price of the car and accessories purchased from this opposite party for his new car. The complainant has received a total benefit of Rs.95,000/- in exchanging his old maruti alto car. The opposite party is not liable to pay cost of the proceedings to the complainant on the other hand this opposite party is entitled to get the cost of the proceedings from the complainant.
3. Complainant filed chief affidavit and documents. Exts.P1 to P4 marked. Complainant examined as PW1 and cross examined by opposite party. Thereafter opposite party filed chief affidavit. But the opposite party was not present for cross examination and not produced documents.
Issues to be considered as
1. Whether there is any deficiency in service or unfair trade practice from the side of opposite party?
2.If so what is the relief and cost?
Issues I & II
4. Complainant stated that he had demanded Rs.1,00,000/- (Rupees one lakh only) as exchange prize for his car and opposite party had assured him that they had ready to less an amount of Rs.95,000/- as exchange prize and deduct an amount of Rs.5000/- as additional discount from the total prize of the vehicle. There was no documentary evidence produced by both. But the opposite party had admitted that they offered Rs.90,000/- as price of the old car and offered Rs.5000/- as discount. Thus the complainant will get total benefit of Rs.95000/- to be deducted from the price of his new car. But the opposite party had not produced evidence to prove that complainant will get total benefit of Rs.95000/-. In Ext.P1 the grand total was Rs.6,38,500/-. In Ext.P2 shows that exchange price is Rs.90,000/- and discount allowed is Rs.5000/- and the ex-show room price was Rs.6,43,500/-. No contra evidence produced by opposite party. The complainant had sent lawyer notice to opposite party. But the opposite party failed to sent reply notice. On verification the opposite party had not given to the complainant Rs.95,000/- as the value of old car and discount. In Ext.P2 Rs.2100/- as the payment against mud flap. So the opposite party had given only Rs.90,000/-as the exchange price. In the above discussions we find that the act of opposite party amounts to deficiency in service and unfair trade practice.
In the result, complaint allowed.
We direct the opposite party is liable to pay Rs.10,000/- (Rupees ten thousand) as the exchange price and Rs.10,000/- as compensation and Rs.2500/- as cost of the proceedings to the complainant within one month from the date of receipt of order. Failing which the amount except cost carries interest 9% per annum from the date of receipt of order till realisation.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 28th day of February 2022.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA.G.NAIR : MEMBER
Sd/-
VIJU.V.R. : MEMBER
Be/
APPENDIX
List of witness for the complainant
PW1 - C.Rajendran
List of Exhibits for the complainant
Ext.P1 - Copy of retail invoice dated 07.07.2016
Ext.P2 - Copy of customer account settlement dated 08.07.2016
Ext.P3 - Copy of legal notice dated 05.08.2016 send on behalf of the complainant
Ext.P4 - Postal acknowledgment dated nil
List of witness for the opposite party - NIL
List of exhibits for the opposite party – NIL
Court Exhibits - NIL
Sd/-
PRESIDENT
DISTRICT CONSUMER
DISPUTES REDRESSAL
COMMISSION
THIRUVANANTHAPURAM
CC.NO.524/2016
ORDER DATED : 28.02.2022
