IMPORTANT POINT
No evidence to substantiate the claims of delay on account of travel to Delhi and engagement of Counsel, to trace records as averred by Petitioners brought on record.

ORDER

Subhash Chandra, Member.—The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short “the Act”) has been filed by the Petitioner against order dated 21.08.2018 of the Kerala State Consumer Disputes Redressal Commission (for short “State Commission”) in First Appeal No. 496/2016 wherein the Appeal filed by the Petitioner was dismissed.

2. Case of the Complainant/Respondent No. 1 is that he booked a Ford Eco Sport 1.0 Titanium petrol car on 01.08.2013, through the Petitioner/Opposite Party No. 2 M/s Kerala Cars (P) Ltd. and paid a booking amount of Rs. 50,000/-. After three months, the Complainant was informed that there had been a delay in procuring the car that the Complainant had booked and as a result the Complainant was made to book a different model. Accordingly, the OP issued a fresh quotation for the new model so as to enable the complainant to get a loan sanctioned for the vehicle. The bank agreed to pay an amount of Rs. 6,00,000/- as a loan to the Complainant and accordingly the amount was remitted to Petitioner by the bank. The Complainant was thereafter informed that the car he had booked was ready for delivery and was provided with details of the engine number and chassis number. In toto, an amount of Rs. 6,00,000/- was transferred from the bank to OP and additional amounts of Rs. 2,31,534/- and Rs. 1,00,000/- were paid by the Complainant vide cheques. As per the Complainant, even after a total amount of Rs. 9,81,534/- was paid in respect of the car, the delivery of the vehicle was not forthcoming. When the complainant enquired about the delivery status, he was informed that the vehicle which had been earmarked for him had met with an accident at the hands of the Petitioner and that a different vehicle would be allotted to him. The Complainant was thereafter told that the production of the said model had stopped and as a result he would have to now settle for the different lesser model. The Complainant was further informed that the price of the lesser model had now escalated, which the Complainant accepted under protest contending that the sale consideration for the lesser model should be calculated as on date that the payment was made. Aggrieved by the actions and inactions of the Petitioner, the Complainant filed a Consumer Complaint before the District Forum with the following prayer:-

“It is therefore humble prayed that this Honourable Forum may be pleased to direct the respondents, jointly and severally, to pay the complainant an amount of Rs. 42,745/- together with interest thereon at 10.75% per annum from 31.12.2013 till realisation for the excess amount collected from him and also an amount of Rs. 50,000/- towards damages and compensation together with the cost of proceeding, within a time limit fixed by this Honourable Forum, in default of which allow the complainant to realise the amounts due together with future interest at the rate of 10.75% per annum from the respondents and their assets”.

3. The District Forum having heard the Learned Counsel for the Complainant and also considering the evidence and material placed on record, held on as under: -

“In the result we direct the 2nd opposite party to comply the following directions.

A. The 2nd Opposite Party shall refund Rs. 42,745/- collected by them in excess from the complainant, with 9 % interest from 31-12-2013 till date of realisation.

B. The 2nd opposite party shall pay Rs.20,000/- compensation to the complainant with interest at 12% per annum from 05-03-2014, the date of filing of the complaint till the date of realization.

C. The 2nd Opposite party is directed to deposit Rs. 20,000/- with interest at 12% per annum commencing from one month after the date of this order, till the date of deposit towards the unfair trade practice which shall be deposited by her in the consumer Legal Aid Fund of the Consumer Disputes redressal Forum, Ernakulam

D. The 2nd opposite party shall pay Rs. 5000/- towards