Appeal No. 787 of 2012. Case: Rajeev G.S. Vs Monal Motors. Kerala State State Consumer Disputes Redressal Commission

Case NumberAppeal No. 787 of 2012
Party NameRajeev G.S. Vs Monal Motors
CounselFor Appellant: Mr. G.S. Kalkura and Others, Advocate and For Respondents: Mr. Sunil V. Mohammed, Advocate
JudgesK. Chandradas Nadar, Member (J) and V.V. Jose, Member
IssueConsumer Law
CitationI (2014) CPJ 312 (Ker.)
Judgement DateFebruary 24, 2014
CourtKerala State State Consumer Disputes Redressal Commission

Order:

V.V. Jose, Member

  1. This appeal is filed by the complainant against the order in CC 80/11 dated 30.7.2012 in the file of CDRF, Kasargod. The case of the above C.C. is as follows. Complainant ordered for a tipper lorry on 20.4.2010 with Power Steering; for which complainant paid Rs. 8,65,000 which was delivered on 24.6.2010. Opposite party demanded Rs. 36,000 for power steering, as it is an additional facility. Complainant registered it, as according to him, it is only an ordinary part of the vehicle. Delivery was delayed. When delivered the opposite party has not handed over various documents related to the vehicle, by keeping it illegally; which caused mental agony to the complainant. In the absence of service book complainant was denied the free services. As the vehicular documents are not with him, he was fined by traffic police many times. So he was confined to keep the vehicle idle in the shed without plying which caused a loss of Rs. 1,50,000. Opposite party issued a legal notice alleging of undertaking to pay Rs. 36,000 for the additional facility of power steering, which was replied and demanded for the vehicular documents and asking for the above said compensation.

  2. Hence this complaint is filed for a direction to hand over the vehicular documents in respect of the tipper lorry and also to pay a compensation of Rs. 1,75,000 and cost.

  3. The version filed by the opposite party contents that the complainant ordered for a vehicle with a Model Super Cabin Chasis with Auxiliary Gear Box and denied the order of vehicle with power steering. They submits that Power Steering, Tipper Jack, Tipper body are optional additional items to be fitted in the vehicle as per the need of the customer, for which they have to pay additionally. At the time of delivery complainant requested for vehicle with power steering for which he agreed to pay the additional amount within one month. They denied the allegation of not handing over of service book, invoice and insurance policy. The complainant never turned upper service or periodical check up and payment of balance amount, in spite of repeated demand. On 1.12.2010 the opposite party send a demand notice for payment and to avail free service for which the complainant sent a reply after two months with false allegation. The actual price of the power steering is Rs. 36,000 in which an amount of Rs. 10,500 was paid by the complainant before delivery. Hence prayed for a dismissal.

  4. Complainant...

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