Date of Filling : 02.02.2015.
Date of Disposal : 30.03.2016.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.
PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M., … PRESIDENT
TMT. S. SUJATHA, B.Sc., … MEMBER - I
Consumer Complaint no.17/2015
(Dated this the Wednesday the 30th day of March 2016)
N. Parthasarathy,
S/o. Late Narasimhalu,
No.14, 8th Street,
Kamaraj Nagar,
Avadi,
Chennai - 600 071. … Complainant.
/ Versus /
1. Mile Man Company,
Represented by Mr. Anand,
Corporate Office,
No.352, Bridgeway Colony (Extension),
Second Street,
Tirupur.
2. Mile Man Traders,
Distributorship Company,
Represented by its Manager,
No.63, Arcot Road,
Kodambakkam,
Chennai - 600 024. … Opposite Parties.
This complaint is coming upon before us finally on 16.03.2016 in the presence of Thiru. N.C. Ravichandran, Counsel for the Complainant and the 1st and 2nd opposite parties are Set Exparte for non appearance and for non filing of Written Version and upon hearing arguments, having perused the documents and evidences of the Complainant, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite parties 1 and 2 seeking direction that the opposite parties to replace mile man instrument or in the alternative pay of Rs.4,800/- together with 12% interest, to pay Rs.25,000/- towards transport charges and telephone bills and to pay Rs.5,00,000/- towards compensation for mental agony and strain.
- The brief averments of the complaint as follows:-
The Mile man Company is an ISO 14001:2004 certified manufacturer from Coimbatore, an industrial city of Tamil Nadu State and Mile man traders is the marketing company which is again an ISO 9001:2008 certified company, a sister concern of the above. The opposite party company desires to resolve the greatest problem of fuel management and to arrange a green shelter to the Globe by preventing the exhaust of Carbon, Carbon-di-oxide and Carbon-mono-oxide while using widely the fuel such as petrol, diesel and gas in vehicles operated by applying the Technology of using Hydro-gas to ensure maximum burning of fuel in every combustion and also to get the highest yield of energy level out of it.
2. The Mile Man mileage booster is meant for two wheelers, four wheelers, heavy vehicles and also for generators and it is a eco-friendly and most economical fuel management system and it will provide an enhanced fuel efficiency of minimum 30% and maximum 50% with no smoke status which is 100% eco-friendly while operated in any engine. It is most successful technology in the global trend of present day, by using this instrument we will not only save our money, but also help this universe to protect it from the dangerous hazards of global warming.
3. The complainant on 19.01.2014 purchased the mile man booster for Rs.4,800/- under the fond hope that he will be able to save the fuel and monetarily benefited. The complainant vehicle was giving 45 kilo metres per litre for the city conditions without your instrument. After fixing the instrument on the next day and he could not save any fuel nearly 10 to 15 days he was using the instrument as per the advertisement and the instructions, the instrument is not working and thereby the opposite party gave false advertisement and made the complainant to be a true one thereby causing monitory loss, mental agony and stress. The instrument is not working and did not yield any result.
4. The action of the opposite party amounts to unfair trade practice. There is a deficiency in service provided to the complainant by the opposite party. In spite of several phone calls, the opposite party don’t even care to respond the complainant. Then on 02.10.2014 and 02.11.2014 the complainant sent letters to the opposite party. But the letters have been returned either not known or no such person. On 02.01.2015 the complainant sent a legal notice to the opposite party but the same were returned as no such door number and insufficient address. Hence, the complaint is filed.
5. In order to prove the case, on the side of the complainant the proof affidavit submitted as his evidence and Exhibit A1 to A5 are marked.
6. At this juncture, the point for the consideration before this Forum is:
- Whether there is any unfair trade practice and deficiency of service on the part of the opposite party as alleged in the complaint?
- Whether the complainant is entitled for any relief as prayed for in the complaint?
7. In spite of sufficient time given to the complainant, the complainant neither come forward to file written arguments nor to appear for adducing oral arguments. Though the opposite party remained Exparte, this Forum wants to dispose this case on merits available on record.
8. Point No.1:-
As per the case of the complainant is that, he purchased an instrument namely Mile Man Booster for saving the fuel. On using the same in the vehicles as per the advertisement made by the opposite party. In fact, while using the said instrument by the complainant in his two wheeler has not functioned properly and thereby the complainant incurred monetary loss and also mental agony due to the unfair trade practice and the deficiency in service on the side of the opposite party.
9. Regarding this, the foremost duty of the complainant is to prove the allegations made in the complaint with relevant and acceptable evidence. At the outset on perusal of the averments made in the complaint and in the proof affidavit it is seen that the averments are one and same. Then this Forum has passed on to the documents Ex.A1, it is a receipt dated 19.01.2014 pertaining to SS Enterprises, Alwarpet, Chennai – 18. It is further learnt that the said cash bill not at all pertaining to the opposite parties namely Mile Man Company and Mile Man traders. Furthermore, it is noticed that the name of the product purchased by the complainant as if stated by the complainant as, ‘Mile Man Booster’ is not specifically mentioned in Ex.A1 by the said seller. Therefore, it is crystal clear that Ex.A1 cash bill so called issued by the SS Enterprises, Alwarpet, is no way connected with the opposite parties. It is further seen from the evidence that there is no material to show that the SS Enterprises is an authorized dealer or distributor to the opposite parties. In order to prove the same, the complainant has not come forward either to examine any person to prove the same or not produced any relevant documents and hence the Ex.A1 cash bill cannot be taken into account.
10. On further perusal of the proof affidavit, it is horrible to see that the complainant has made 500 phone calls to the opposite parties to rectify the defects. At the outset even for argument sake as if stated by the complainant, it is not an exaggeration, it is the duty of the complainant to produce some documents in this regard which can be easily obtained from the concerned telephone authorities in order to substantiate his version. But the complainant failed to do so. Moreover, it is stated by the complainant that the instrument purchased by him is not functioning properly and the position of the mileage of his vehicle remains the same.
11. At the outset, Ex.A5 CD has been marked on the side of the complainant to prove the interview with the manufacturer Mile Man Company conducted by the Raj T.V. regarding the terms and conditions in respect of the alleged device produced by the said manufacturer. The said Ex.A5, CD is played before this Forum through the lap top obtained by the complainant and thereby, it is very well seen by this Forum the demonstration of the manufacturer which clearly reveals the fact that the condition of the motor vehicles used by the customer is otherwise good in all means and maintained the said vehicle by the owner as per the instruction contained in the vehicle manual, then only the alleged device namely, “Mile Man Booster”, will increase the mileage to some extent or otherwise the favorable result will not be arrived. So, it is crystal clear that the motor vehicle used by the complainant herein must be in good condition. Then only it can be presumed that the alleged device has resulted good performance as demonstrated. Regarding the case in hand, there is practically no evidence on the side of the complainant to prove that the motor vehicle owned by the complainant herein is in good condition or not as per the terms and conditions. Moreover, there is no expert evidence in respect of the condition of the motor vehicle of the complainant as well as the non functioning of the device namely Mile Man Booster which are vital to arrive just decision of the complaint. Hence Ex.A5 is no way useful to the complainant’s case.
12. At this juncture, as per the version of the complaint that the if said product has been purchased from SS Enterprises it is just and necessary to add SS Enterprises as a party in this complaint. Whileso, the complainant has not added the SS Enterprises as a party in this complaint and also not even mentioned anything about the said dealer either in the complaint or in his proof affidavit. It clearly shows that the complainant has suppressed certain real facts and thereby it is needless to say that the complainant had moved this Forum without clean hands.
13. At the outset, this Forum wants to enlighten that though the opposite parties were remained Ex-parte, the duty cast upon the complainant to prove his complaint by means of consistent and cogent evidence, then only the complainant is entitled for any relief which is the settled position of law.
14. In the light of the above facts and observations, this Forum is of the considered view that the complainant has not proved his complaint both factually and legally. Therefore, it can be easily concluded that there is no proof for any unfair trade practice or deficiency in service on the part of the opposite parties. Thus the point no.1 is answered accordingly.
15. Point No.2:-
In view of the conclusion arrived in point no.1, the complainant is not at all entitled to any relief as prayed for in the complaint and answered this point accordingly.
16. In the result, this complaint is dismissed. No cost.
Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 30th March 2016.
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MEMBER - I PRESIDENT
List of documents filed by the complainant:-
Ex.A1 / Dt:19.01.2014 Xerox copy of the cash bill for Rs.4,800/-.
Ex.A2 / Dt:02.10.2014 Xerox copy of the letter of the complainant to the 2nd
opposite Party.
Ex.A3 / Dt:02.11.2014 Xerox copy of the letter of the complainant to the 2nd
opposite Party.
Ex:A4 / Dt:07.01.2015 Returned covers - Original.
Ex:A5 / The Compact Disc - 1.
Sd/-**** Sd/-****
MEMBER - I PRESIDENT
