D.O.F:18/03/2022
D.O.O:05/09/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.53/2022
Dated this, the 05th day of September 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Ashraf
C/o Shahana
Dazil Fancy
Unity Tower, Bus Stand
Nileshwar, Kasaragod, 671314 : Complainant :
And
1. Jayesh (Manager)
Vinod ( Mechanic) : Opposite Party
T.V.S Motors
Padannakkad (P.O) Kanhangad
ORDER
SMT.BEENA.K.G : MEMBER
The case of the complainant Sr. Ashraf is that he an Auto driver by profession and his Auto KL 60 L 9348 had some problems and when shown to Opposite Parties, they assured him that they can cure all the defects, if he keep the vehicle in their showroom for 2 days. The complainant agreed for the above suggestion and kept the vehicle in their showroom. At the time of entrusting the vehicle in showroom even though Opposite Party had given an approximate estimate of repair work as Rs. 2000/- they took Rs. 6,988/- while delivering the vehicle. The very next day itself the auto became defective. The Opposite Parties took 23 days to repair the vehicle but they could not cure the defects or change parts as informed to the complainant. Moreover the Opposite Parties hesitated to give GST bill. Hence the complainant is seeking compensation for 20 days work loss and refund of amount illegally received by Opposite Parties.
Notice of Opposite Parties served. But they did not turn up. Name of Opposite Parties called, absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination. Ext A1 to A4 marked. Heard the complainant. Ext A1 is Opposite Parties address card, Ext A2 and A3 are the estimate issued by Opposite Party to the complainant , Ext A4 is the driving license of complainant. The issues raised for consideration are:-
- Whether there is deficiency in service or unfair trade practice on the part of Opposite Parties?
- If so what is the relief?
For convenience issues No:1 and 2 can be discussed together.Due to some defects in the vehicle the complainant requested opposite parties to inspect his vehicle.The Opposite Parties after inspection informed him to keep the vehicle in service centre for 2 days to cure the defects.After 20 days also Opposite Parties could not cure the defects instead they collected Rs. 6, 833/- from the complaint for oil change and parts removal.There after the vehicle was taken to another workshop by the complainant and cured the defects by paying extra money by the complainant.The Opposite Party evaded from giving GST bill to the complainant. The act of Opposite Party amounts to unfair trade practice The complainant alleges that all these unfair practices done by the Opposite Parties caused mental agony and huge financial loss to the complainant.While considering the affidavit and documents, we are of the view that the complainant suffered financial loss and mental agony due to the unfair trade practice and deficiency of service on the part of Opposite Parties.In the absence of contra evidence the Opposite Party is bound to compensate the loss and agony suffered by the complainant (Opposite Parties are jointly and severally liable to give the amount).Therefore the commission held’s that a compensation of Rs. 10,000/-with cost is reasonable compensation in this case.
Therefore complaint is allowed directing Opposite Parties to give a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant along with cost of Rs. 5000/- (Rupees Five thousand only).
The time for compliance is 30 days from the date of receipt of copy of the judgement.
Sd/-Sd/-Sd/-
MEMBERMEMBERPRESIDENT
Exhibits
A1- Visiting Card
A2 & A3 – Estimate
A4- Copy of driving license
Sd/-Sd/-Sd/-
MEMBERMEMBERPRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
