DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 8th DAY OF AUGUST, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT.
: SMT. VIDYA .A, MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date of filing: 10.05.2024.
CC/164/2024
Ravikumar T.R, S/o.Raman, - Complainant
Thekkethil House, Andaladi,
Maruthoor, Mele pattamb PO,
Pattambi Taluk, Palakkad-679 306.
(Party-in-person)
VS
1. ARIA Motors, 39/19-22-Pearl Towers, -Opposite Parties
Jai Christo Provincial House,
Vennakkara Road, Nurani PO,
Palakkad-678 004.
2. The Manager, Piaggio Vehicle Pvt. Ltd,
8th floor, sky one,
Kallyani Nagar, Pune,
Pin-411 006, Maharashtra,
(Both OPs are ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant in brief
The complainant purchased an Ape brand autorickshaw manufactured by the 2nd opposite party from their dealer, 1st opposite party, for Rs.34,0200/- on 09.12.2022. After a few months of purchase, the vehicle started making unusual sound from the bottom side of the vehicle and on 24.02.2023, the complainant could locate a crack on the top of the shock absorber. The defect was informed to the service Engineer of the 1st opposite party through whatsaap. Further, on 5th March, 2024 it was found that the portion of chasis was loose through the crack and finally got detached from the body. Though the matter was informed to the opposite parties along with photographs, they have not attended to the complaints so far. Hence, he is not able to ply the vehicle. According to the complainant, vehicle is having manufacturing defect and hence, filed this complaint seeking permanent cure to the defect apart from a compensation of Rs.5,00,000/- for deficiency in service.
2. The complaint was admitted and notices were issued to the opposite parties. They did not file version within statutory period and as they were continuously absent even after having notice of these proceedings and their names were called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A2 series as evidence. Ext.A2 is a series of photographs showing the defects of the vehicle.
4. As per the proof affidavit filed and the series of photographs adduced as evidence by the complainant the vehicle suffers from serious defect due to which the complainant is not able to pay the vehicle for earning his livelihood.
5. Though the opposite parties were given opportunity to file their version and participate in the proceedings of the case, they did not even enter appearance. This shows their indifferent approach to the issue raised by the complainant.
6. The failures of the opposite parties to rectify the defects of the vehicle in spite of the efforts/follow up by the complainant that too within a few months of purchase amounts to deficiency in service or unfair trade practice on the part of the opposite parties.
7. Resultantly, the complaint is allowed ordering the following reliefs.
1. The opposite parties are directed to cure the defect of the vehicle permanently, otherwise pay Rs.50,000/- as compensation for the same.
2. The opposite parties are also directed to pay Rs.1,00,000/- as compensation for deficiency in service.
3. The opposite parties are liable to pay Rs.10,000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 8th day of August, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Estimation SI.No.4121 dated 12.09.2022 from Arya Motors, Nurani PO, Palakkad.
Ext.A2: Series of photographs showing the defects of the vehicle
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 10,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
