DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 29th day of July 2023
Filed on: 29/01/2018
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
C C. NO. 49/2018
COMPLAINANT
Manu C Mathew. Vaniyapurakkal House. S/o. V.C.Mathew, Dream Flower Boneetta Apartment, Green Ripple Road, Swamippadi, Ilamakkara, Kochi -680 026.
VS
- M/s.Bosh Car Service/BRS Autos, Opp.St.George Cyrian Church NH-66, Nedumbassery Ernakulam, Rep. by its Managing Partner Riyas KR
- Bubbles Car Wash, Autos, opposite St George Jacobite Cyrian Church
National highway 66, Nedumpassery P.O., Ernakulam District– 683 545.
F I N A L O R D E R
D.B.Binu, President
- A brief statement of facts of this complaint is as stated below:
The complaint is filed under Section 12 (1) of the Consumer Protection Act,1986. The brief facts, as averred in the complaint the complainant, a human rights activist, engaged the services of the first and second opposite parties to service their vehicle at a Bosch Service St. in Athani. In August 2017, the second opposite party offered a package consisting of 2 full services and two body washes at a specified price, which the complainant accepted, expecting better service.
However, when the services were carried out in September, they were done poorly, contrary to what was promised. The complainant complained to the manager but was told the main workman was on leave and assured better service in the next visit. On another occasion in October, the vehicle was not washed properly, and the complainant faced threats and insults when pointing out the issues.
Due to the inadequate and deficient service, the complainant had to go to another service centre for proper cleaning, causing financial loss, emotional distress, and humiliation. The complainant discovered that others had similar bad experiences and filed a complaint with the police on 17th October 2017.
The complainant is seeking Rs.200,000/- as compensation from the opposite parties for their deficiency in service, mental anguish, and humiliation caused. Additionally, they are requesting a refund of the Rs. 800 advance payment and ten thousand rupees to cover court expenses.
In summary, the complainant faced poor and disrespectful service from the first and second opposite parties and seeks compensation and reimbursement for the distress and financial loss caused by their actions.
The matter taken up for producing the correct address of the opposite parties which is not furnished by the complainant so far. The complainant is absent and has no representation from his side on 02-05 2023. The opposite parties are also absent and has no representation from their side. The complainant is absent continuously. The notice sent to the complainant served as per the proof of delivery of the Postal Department. The complainant was appeared on 16.02.2023. But he was not furnished the correct address of the opposite parties. Hence case again posted on 14-07-2023 for furnish the correct address of the opposite parties. The complainant has not turned up. So many chances were given to the complainant. The complainant is absenting continuously and no steps taken by the complainant to issue notice to the second opposite party.
However, despite multiple opportunities given to the complainant, they continuously failed to provide the correct address of the opposite parties. The complainant was absent and unrepresented on several occasions, including 02-05-2023, and the opposite parties were also absent without representation. The complainant's lack of cooperation and attendance hindered the proceedings, making it impossible to serve the notice to the opposite parties.
In light of the above, it is evident that the complainant's default and continuous absence have hampered the progress of the case. The Commission has made efforts to obtain the correct address, yet the complainant has failed to cooperate.
The complainant's failure to furnish the correct address of the opposite party and his continuous absence, the Commission finds no merit in proceeding further with the complaint. Service of notice to the opposite parties is essential for a fair and just resolution of the case. Therefore, the complaint is closed due to the default of the complainant.
O R D E R
Under circumstances stated above, the complaint is only to be closed due to the default of the complainant and accordingly the complaint is closed.
Pronounced in the open Commission on this the 29th day of July 2023.
Sd/-
D.B.Binu, President
Sd/-
V.Ramachandran, Member
Sd/-
Sreevidhia.T.N, Member
Forwarded by Order
Assistant Registrar
