By.Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief: The Complainant through the 1st Opposite Party, who was working in V6 Auto tech Solution, CNG fitment centre, bought the pre-fixed CNG kit from one Ajith who was the customer of Opposite Party, on the assurance that he would fit it and complete the paper work. Ajith also cancelled CNG from RC. The Complainant went to the establishment in Kochi on 26.12.2023 and handed over the vehicle. The above said Ajith gave a 60 litter capacity cylinder. Then the Complainant brought back the car on 27.12.2025. The cylinder test plate was not provided when the kit was fixed. As request by the 2nd Opposite Party, the cylinder number was sent to make the test plate and it was fixed as coming under the seat. Normally, the part containing the number should be fixed as seen outside. When the Complainant checked the video on the mobile camera and it was understood that the expiry date of cylinder is up to 2035. The validity of one cylinder is 20 years, whereas the cylinder fixed by the Opposite Party is 9 years old. The validity of the cylinder purchased from Ajith is till 2043. The Complainant several times requested to the Opposite Party to replace the cylinder but they had not replaced the same. Hence this complaint.
3. The notice was duly served on the Opposite Party as per the order of the Commission. The Opposite Party failed to appear and file version within time. On 22.06.2024, the Commission set them ex-party.
4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Exts.A1 to A3 and MO1.
5. We carefully perused the documents filed by the Complainant. Complainant produced the cash bill, Ext.A1, this bill does not bear the name of the Complainant or the person to whom it was issued. Moreover as per this bill the parts bought for Etios, the document produced by the Complainant shows that his vehicle is Maruthi Wagonr. So this bill is totally doubtful and the Complainant has failed to prove the same as he did not produce any other evidence to prove that this bill has been issued by the Opposite Party to the Complainant. Ext.A2 is the screen shot of the Google Pay which shows that Rs.6,550/- was sent to the account of one Kumari Chandrika, the Complainant is failed to prove what is the relation between the said person with Opposite Party. The Complainant has not provided any document of remittance to the account of the Opposite Party. No document produced to show that the alleged CNG kit was fixed in the vehicle of the Complainant.
6. Further in case of non-fixing of actual CNG bought by the Complainant from one Ajith, if at all there is deficiency in service, the V6 Auto tech solution @ CNG Fitment Center is not made a party to the complaint. Moreover, in the case at hand as the Complainant’s initial statement would reflect, the allegations are against the company. The Complainant also failed to produce any document to prove that he had purchased CNG kit from the above said Ajith and failed to examine him. Though the Opposite Parties remained ex-parte, it is the duty of the Complainant to prove their case. The initial burden of proof is on the Complainant only.
7. In view of the above discussion, as the Complainant has not succeeded in proving his case. The complaint is liable to be dismissed.
In the result the complaint is dismissed without costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 28th day of November 2024.
Date of filing:03.04.2024
PRESIDENT : Sd/-
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APPENDIX.
Witness for the Complainant:-
PW1. Nidheesh Joseph. Guest Teacher.
Witness for the Opposite Parties:-
Nil.
Exhibits for the Complainant:
A1. Copy of Bill.
A2. Google Pay Payment Printout.
A3. Copy of Photograph.
MO-1. Memory Card.
Exhibits for the Opposite Parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
