IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 28th day of April, 2014
Filed on 07..06..2012
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.205/2012
Between
Complainant:- Opposite party:-
Smt.K.J.Prasanna The General Manager
W/o. R.Kesavadas Popular Hyundai
Maniben Popular Motor World (P) Ltd.
Cherthala 33/2361-A
Alappuzha. Geethanjali Junction
(Adv.C.Vidhu) NH 47 Bye Pass, Vyttila P.O.
Kochi.
(Adv.George Cheriyan)
O R D E R
SMT.ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:
Complainant has booked a car “Fludic Verna SX CRDi (O) AT” from the opposite party on 20.06.2011 by making an advance of Rs.1 lakh. At the time of booking of the vehicle the complainant was informed that balance amount has to be paid when the vehicle is ready for delivery. Subsequently, complainant was informed that the vehicle would be delivered in the 1st week of July itself if full payment is effected to the opposite party. On the strength of the assurance given by the opposite party, complainant effected full payment on 30.06.2011 by availing a loan from SBT, Cherthala Branch for an amount of Rs.9,75,693/-. But the vehicle was delivered only on 24.11.2011 by taking 4 months time more than that of the date which the opposite party represented the complainant. Believing the assurance given by the opposite party, complainant sold her car on 03.10.2011. During this period complainant suffered financial loss by meeting the expense of her vehicle used for travelling and also by paying interest on the loan amount availed by her on the belief that she would get the car immediately. It is an unfair trade practice which cannot be expected on the part of the opposite party. Hence there is deficiency in service on the part of the opposite party and as a result of which complainant suffered financial los as well as mental agony. Complainant paid interest to the tune of Rs.52,559/- which would have saved if the opposite party represented the matter in the exact manner. The opposite party failed to refund the amount paid as interest by the complainant. Hence the complaint is filed seeking the following reliefs:-
- To pass an order allowing the complaint to realize an amount of Rs.52,589/- from the opposite party
- To pass an order allowing the complaint to realize an amount of 2,00,000/- being compensation for the mental agony sustained due to deficiency in service of the opposite party being compensation for the mental agony sustained due to deficiency in service of the opposite party.
- Allow to realize the cost of the proceedings from the opposite party.
2. The version of the opposite party is as follows: At the time of booking, complainant
wanted the bank loan from SBT, Cherthala Branch for the balance payment of the vehicle. Accordingly, on the same day a proforma invoice dtd. 20.06.2011 was issued for arranging the vehicle finance from SBT, Cherthala. Further, due to the heavy booking for new Verna Car, complainant was informed that no assurance can be given regarding a delivery date of the vehicle. No commitment regarding the date of the delivery given in the order booking form. No promise was given to the complainant regarding the delivery of the vehicle on the 1st week of July 2011. The vehicle was delivered to the complainant on strict compliance with the priority of booking. The rate of interest agreed to be paid by the opposite party is as per the guidelines of the manufacturer of the vehicle and accordinglyRs.25,821/- is given credit to the complainant as per the customer’s account settlement voucher No.1088 dtd,28.11.2011. The claim for compensation is not maintainable.
3. The complainant was examined as PW1. The documents produced were marked as Exts.A1 to A9. Ext.A1 is the order booking form issued by M/s.Popular Hyundai to the complainant., Ext.A2 is the DD dtd.20.06.2011 for Rs.1 lakh given by the complainant to the opposite party, Ext.A3 is the DD dtd.29.06.2011 for Rs.9,75,693/- lakh given by the complainant to the opposite party, Ext.A4 is the letter No.DGM/EKM/ dtd. 29.06.2012 issued by SBT, Cherthala Branch to M/s.Popular World (P) Ltd., Ernakulam, Ext.A5 is the bank receipt of M/s.Popular Hyundi, Ext.A6 is the new Vehicle Delivery Note dtd.28.11.2011, Ext.A7 is the Customers Account Settlement Voucher, Ext.A8 is the lawyer notice dtd. 25.01.2012, Ext.A9 is the copy of acknowledge card and Ext.A10 is the passbook of the complainant. The opposite party was examined as RW1. No documents produced by the opposite party. Heard the learned counsel of both parties.
4. The point for consideration is as follows:
a) Whether there is any unfair trade practice on the part of the opposite party?
b) If so, the reliefs and costs?
5. It is an admitted fact that the complainant booked a car vehicle ‘Fluidic Verna’ on 20.06.2011 by making an advance payment of Rs.1 lakh. It is also an admitted that the complainant paid the full amount on 30.06.2011. According to the complainant she effected the full payment on the strength of the assurance given by the opposite party that the vehicle would be delivered on the 1st week of July. But the delivery was effected only on 24.11.2011. Opposite party contended that due to the heavy booking for the new Verna car, complainant was informed that no assurance can be given regarding the delivery date. If the vehicle was delivered to the complainant on strict compliance with the priority of booking the burden is on the part of the opposite party to prove that the car in question was delivered to the complainant as per seniority list. In the instant case, opposite party stated in the written statement that they delivered the vehicle on strict compliance with the priority of booking. But, there is no documents produced to substantiate their contention. As per the decision reported in 1999(3) CPR page 375 ”receiving the full consideration amount at the time of booking and not delivering the car for months together would amount to unfair trade practice”. Ext.A1 shows that the opposite party has given Rs.25,821/- towards interest to the complainant, as per the guidelines of the manufacturer of the vehicle. But the inordinate delay in delivering the vehicle caused much mental agony and inconvenience to the complainant. According to the complainant at the time of booking the vehicle the balance amount was arranged the balance amount by availing a loan from SBT, Cherthala branch as evidenced by Ext.A4 for higher rate of interest, which also caused much mental agony to the complainant in spite of the repayment of money with interest as per the guidelines of the manufacturer. So long as the amount remaining with the opposite party, the complainant had paid interest unnecessarily. In view of the above discussion, we are of opinion that opposite party has to compensate the complainant for the mental agony, inconvenience and financial loss caused to the complainant by the act of the opposite party in not delivering the car within a short period of booking
In the result, complainant partly allowed. The opposite party is directed to pay an amount of Rs.5,000/- (Rupees five thousand only) towards compensation to the complainant. Opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards the cost of the proceedings to the complainant. The order shall be complied within one month of this order.
Dictated to the Confidential Assistant, transcribed by him and pronounced in Open Forum on this the 28th day of April, 2014.
Sd/- Elizabeth George (President)
Sd/- Antony Xavier (Member)
Sd/- Jasmine D (Member)
APPENDIX
Evidence of the Complainant:
PW1 - R.Kesavadas
Ext.A1 - Order booking form issued by M/s.Popular Hyundai.
Ext.A2 - DD dtd.20.06.2011 for Rs.1 lakh
Ext.A3 - DD dtd.29.06.2011 for Rs.9,75,693/- lakh
Ext.A4 - Letter No.DGM/EKM/ dtd. 29.06.2012
Ext.A5 - Bank receipt of M/s.Popular Hyundi
Ext.A6 - Vehicle Delivery Note dtd.28.11.2011
Ext.A7 - Customers Account Settlement Voucher
Ext.A8 - Lawyer notice dtd. 25.01.2011
Ext.A9 - Copy of acknowledge card.
Ext.10 - Passbook
Evidence of the opposite party:
RW1 - Srijith.S.
Ext.B1 – Order booking form
//True Copy//
By Order
Senior Superintendent.
To
Complainant/Opposite Party/SF
Typed by: Pg/-
Comprd by:
