By Sri.P.K,.Sasi, President
The case of the complainant is that he has purchased a ML 250 CDI model new Benz car from the opposite party by paying Rs.55,91,854/- on 16/10/2014. At the time of delivery of the car the opposite party asked the complainant to pay an amount of Rs.40,000/- more than the invoice amount. Accordingly, the complainant paid that amount and took delivery of the vehicle. The details of the bill was not thoroughly verified by the complainant at the time of taking delivery of the vehicle. Subsequently, complainant’s company’s account section found out that the opposite party has collected Rs.40,522/- unauthorized amount.
2) The irregularity found out by the accountant was enquired by the complainant. But the opposite party was not ready to give a proper reply to the complainant. The complainant repeatedly enquired through emails but the opposite party never replied. The complainant was forced to send a lawyer notice on 27/02/2016. Even after accepting the notice the opposite party neither sent any reply nor settled the dispute. Because of the illegal acts by the opposite party the complainant sustained unnecessary mental agony, monetary loss as well as heavy hardship. By that opposite party committed deficiency in service as well as unfair trade practice towards the complainant. Hence, this complaint is filed for getting relief.
3) On receiving complaint, notice was properly sent to the opposite party. Even after accepting the notice the opposite party neither appeared before the Forum nor submitted any version. Hence, the opposite party set ex-parte and posted for complainant’s evidence.
4) From the side of the complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and narrated all the averments stated in the complaint in detail. He also produced 6 documents which are marked as Exts. P1 to P6. Ext. P1 is the copy of Purchase Invoice dtd.30/09/14; Ext. P2 is the copy of another Invoice dtd.01/10/14; Ext.P3 is the copy of E-mail; Ext. P4 is the copy of Lawyer Notice; Ext. P5 is the Postal Receipt and Ext. P6 is the A/D Card. We heard the learned counsel for the complainant.
5) Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. If at all there was any contra evidence for the opposite party, they ought to have been appeared before the Forum and submitted their version. We have gone through the contents of the affidavit and perused the contents of the documents produced. We are convinced that the opposite party has collected an excess amount of Rs.40,552/- for which no explanation was given by the opposite party, even after repeated requests made by the complainant. Therefore we are of the opinion that the opposite party has committed deficiency in service as well as unfair trade practice towards the complaint.
In the result, we allow this complaint and the opposite party is directed to return Rs.40,552/- (Rupees Forty thousand five hundred and fifty two only) with 12% interest from the date of complaint along with Rs.25,000/- (Rupees Twenty five thousand only) as compensation for deficiency in service and unfair trade practice committed by them to the complainant and within one month from receiving copy of this order. Failing which the complainant is entitled to get 12% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of September 2016.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
P1 is the copy of Purchase Invoice dtd.30/09/14
Ext. P2 is the copy of another Invoice dtd.01/10/14
Ext.P3 is the copy of E-mail
Ext. P4 is copy of Lawyer Notice
Ext. P5 is the Postal Receipt
Ext. P6 is the A/D Card.
Id/- President
