Ernakulam district consumer disputes redressal forum ordered that booking amount and compensation be paid to a customer who cancelled booking of a Mahindra Thar vehicle due to indefinite delivery delays.
The order was issued in response to a complaint filed by Noble Mathew of Kothamangalam against Pothen Autos in Thiruvananthapuram.
In July 2022, the complainant booked the vehicle by paying an advance of ₹21,000. However, upon learning that delivery was indefinitely delayed, he cancelled the booking and requested a refund. Although he later purchased the vehicle from another dealer, the opposing party refused to refund the previous booking amount. Closure of the opposing party’s offices in Ernakulam further complicated complainant’s situation.
The bench, consisting of D B Binu as chairperson and V Ramachandran and T N Srividya, observed that withholding money without delivering vehicle or refunding booking amount constituted a deficiency in service and an unfair trade practice. Court ordered the opposing parties to refund booking amount of ₹21,000 with 12 per cent interest from booking date onwards. Also, they were directed to pay ₹15,000 towards compensation and court costs within 45 days.>
