IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of December, 2016.
Filed on 13.10.2014
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.257/2014
Between
Complainant:- Opposite parties:-
Noushad.M The Manager
S/O Muhammed Kunju Riders Motors
Lebbayudeparambil Valiya Chudukadu
Pallana Muri, Pallana P O Thiruvambady
Trikunnappuzha Village Pazhaveedu P O
Alappuzha Alappuzha-688003
(Adv.Hameed Manthalaserril) (Adv.K.N.Azhakesan)
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant is that he has booked a Royal Enfield Classic 350 CC Black Colour Motor Bike through the opposite party and paid an advance amount of Rs. 5000/- on 5/9/2013. The opposite party assured to deliver the vehicle within 10 months from the date of booking. The opposite party issued order booking form to the complainant signed by both parties. The complainant informed the opposite party that he has purchasing the vehicle to gift his friend’s wedding and requested to deliver the same before 5/7/2014. The complainant agreed to pay the rest of amount when the vehicle was ready for delivery. On 5/7/2014 the authorized person of the complainant went to the opposite party with the balance amount for taking delivery of the vehicle but the opposite party informed that the vehicle will be ready only after 20 days and agreed to deliver the vehicle on 25/7/2014. By believing the words of the opposite party the complainant made arrangement for the balance amount and the complainant directly approached the opposite party with the balance amount for taking delivery of the vehicle. But the opposite party has not cared to receive the amount and to deliver the vehicle. The complainant sustained much mental agony, since the opposite party failed to deliver the vehicle as agreed the complainant has sent a lawyers notice to the opposite party on 27-8-2014 demanding the delivery of the booked vehicle but it was in vain. The complainant sustained much mental agony, hence filed this complaint alleging deficiency in service and unfair trade practice on the part of the opposite party seeking refund of the booking amount with interest together with compensation and cost.
2. Version of the opposite parties is as follows:-
The complainant is not maintainable. The vehicle was ready for delivery within the stipulated date and opposite party has informed the complainant through telephone in the contact number given by the complainant. Since the complainant was abroad there was nobody to pay the balance amount and to take the delivery of the vehicle. So the vehicle was given to the next person as per the seniority. The complainant has not contacted the opposite party in between 5-9-2013 and 5-7-2014. The complainant approached the opposite party only on August 2014 and by that time vehicle was not available for delivery. There was no deficiency in service or unfair trade practice on the part of the opposite party. Hence the complaint may be dismissed.
3.The complainant was examined as PW1 and documents Ext.A1- Ext.A5 were marked.
4.Considering the allegation of the complainant and contention of the Opposite Party the Forum has raised the following issues:-
- Whether there is any deficiency in the service on the part of the Opposite Party?
- Whether the complainant is entitled to get the relief and cost?
5. The case of the complainant is that the complainant had booked for a Royal Enfield motor bike through the opposite party and the complainant paid an amount of Rs. 5000/- on 5-9-2013 as advance amount. The opposite party agreed to deliver the vehicle in the month of July 2014.The complainant was ready to pay the balance amount and to take the delivery of the vehicle.But the opposite party failed to deliver the vehicle on the assured time.The complainant who has booked the vehicle to gift his friend’s marriage sustained much mental agony and hence filed this complaint.
6. The complainant was examined as PW1 and documents Ext.A1- Ext.A5 were marked. Ext.A1 is the order booking form dated 5-9-2013. Ext.A2 is the postal receipt Ext.A3 is the AD card. Ext.A4 is the lawyer notice dated 18-8-2014. Ext.A5 is the wedding invitation card. The documents produced would show that complainant has booked for a Royal Enfield motor bike through the opposite party. Since they failed to deliver the vehicle as promised the complainant has sent a registered notice to the opposite party, but the opposite party failed to deliver the vehicle even after getting the lawyer’s notice also. According to the complainant he was urgently in need the vehicle to gift his friend’s marriage which will be held on 10-08-2014. The non delivery of the vehicle caused much mental agony and inconvenience to the complainant. It is pertinent to note that the opposite party has not made any earnest effort to deliver the vehicle to the complainant even after getting Ext.A4 Notice Since the opposite party failed to deliver the booked vehicle to the complainant they have committed deficiency in service. The non delivery of the vehicle caused much mental agony and inconvenience to the complainant. So the complainant is to be compensated.
In the result the complaint is allowed. The opposite party is directed to refund an amount Rs.5000/-[Rupees Five thousand only] to the complainant. The opposite party is further directed to pay an amount of Rs.4, 000/-[Rupees Four thousand only] towards compensation and Rs. 1000/-[Rupees Thousand only] towards cost. The order shall be complied with in one month from the date of the receipt of this order failing which the amount Rs.5, 000/-[Rupees Five thousand only] shall carry interest @ 9% per annum from date of complaint till realization.
Pronounced in Open Forum on this the 31st day of December, 2016
Sd/- Smt. Jasmine D (Member)
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
APPENDIX:
PW1 - Noushad.M(Witness)
Evidence of the Complainant:
Ext.A1 - Order booking form Dtd 5-09-2013
Ext.A2 - Postal receipt
Ext.A3 - Acknowledgement card
Ext.A4 - Lawyers Notice
Ext.A5 - Wedding Invitation card
Evidence of the opposite party: Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/SF
Typed by: Br/-
Comprd by:-
