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IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.26/2014

(Against the order in C.C.No.97/2009, dated 27.12.2013 on the file of the District

Forum, Madurai)

WEDNESDAY, THE 27^th DAY OF OCTOBER 2021.

P.C.Kannan,

S/o.Chinnakalai,

Represented through its Power Agent Sultan,

South Indian Consumer Protection Society,

No.F4, Edgha Building,

Kalavasal,

Madurai-625 016.

…Appellant/ Complainant

-Vs-

J.R.Jeyanth,

Administrative Director,

Kodai Auto Mobiles Limited,

Byepass Road,

Madurai- 625 016.

..Respondent/Opposite party

Counsel for Appellant/ Complainant

: Mr. A.Haja Mohideen - Advocate.

Counsel For Respondent/Opposite party : Mr.K.Sekar -Advocate

This appeal coming before us for final hearing on 07.10.2021 and on hearing the

arguments of both sides and on perusing the material records, this Commission

made the following:

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the Appellant/Complainant under section 15

read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the

order of the Learned District Forum, Madurai made in C.C.No.97/2009, dated

27.12.2013 for dismissing the complaint.

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2. For the sake of convenience and brevity, the parties are referred to here as

they stood arrayed in the District Consumer Disputes Redresssal Forum.

3.

The Appellant/ Complainant has preferred this appeal praying to allow the

appeal and to set aside the order dated 27.12.2013 passed by the Learned District

Consumer Disputes Redressal Forum, Madurai (hereinafter referred to as District

Commission).

4. The brief facts of the complainant case is as follows:

The complainant agreed to purchase a second hand (old) JCB earth movers

from the opposite party on 04.08.2008 and the registration of the vehicle is TN 65-B

9371 for a sum of Rs.6,10,000/-. On the basis of the agreement the complainant

paid Rs.1,00,000/- as an advance and agreed to pay the balance amount of

Rs.5,10,000/- by arranging loan by the opposite party. The opposite party also

agreed to rectify the defects in the vehicle within 15 days. The opposite party had

not delivered the vehicle as agreed by him. The complainant informed his willingness

to arrange for repairing the vehicle by his own efforts and agreed to pay the cash of

Rs.2,00,000/- and claiming the RC book and insurance policy of the vehicle from the

opposite party. The opposite party claimed payment of entire balance amount for

furnishing the RC and it was agreed by both parties. The opposite parties assured to

pay Rs.50,000/- for repairing charges and also arranging loan for Rs.4,60.000/-. The

complainant approached the opposite party after arranging loan of Rs.4,60,000/-

and informed his readiness to perform his part but the opposite party had sold the

vehicle to some other person and informed to refund the advance amount paid by

the complainant. After hearing the information the complainant suffered mental

agony it amounts to deficiency in service on the part of opposite party. The opposite

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party committed unfair trade practice. Hence the complainant issued presuit notice

to the opposite party and received false reply from them. Therefore directing the

opposite party to return the advance amount of Rs.1,00,000/- with interest at the

rate of 1.50% for Rs.100/- for the period from 04.08.2008 to 04.04.2009 and

directing the opposite party to pay a sum of Rs.55,000/- expenses spent by the

complainant for repairing the vehicle and also directing the opposite party to pay a

sum of Rs.1,00,000/- as compensation for mental agony and to pay Rs.5,000/- as

costs.

5. The written version filed by the opposite party is as follows :

It is true that the complainant is willing to purchase the L&T earth movers

bearing registration No.TN 65 B 9371

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