DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 14^th day of December 2023

CC.180/2020

Complainant

P. Nazar,

S/o Erammoo,

Business at UAE, Dubai,

Noor Mahal, Grammathi,

P.O. Chokli, Via P. A Holder and Brother,

P. M. Kamarudheen,

S/o. Erammoo,

Residing at Alif, P. O. Chokli,

East Palloor, Mahe,

Opposite Parties

Mr. Jophy,

The Proprietor,

Emirates Motors,

Choolamvayal, Kunnamangalam,

Kozhikode – 673571

(By Adv. Sri. T. P. Junaid)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

The complainant is represented by the Power of Attorney and brother Sri. Kamrudheen. P. M.The complainant is the registered owner of KL-11-Q1- S -320 Mercedes Benz (2002 model) vehicle. He entrusted the vehicle with the opposite party in the first week of January 2017 for repairs including that of the AC unit. The opposite party had agreed to return the vehicle after repairs within 2 months. At the time of entrusting the vehicle, the complainant had alerted the opposite party regarding the expiry of insurance by 31/03/2017. An amount of Rs. 50,000/- was collected by the opposite party as advance at the time of entrusting the vehicle. Before 31/03/2017 itself, the complainant started alerting the opposite party regarding the delivery of the vehicle and the opposite party informed that he was trying his maximum to deliver back the vehicle as agreed, failing which, he undertook to renew the insurance in time. But the vehicle was not delivered in time stating one reason or other. In the meanwhile, an amount of Rs. 75,000/- was also collected by the opposite party on 04/11/2018.

3. On 12/05/2020 the opposite party informed the complainant that the entire workshop building was burnt in an accident and all the vehicles including the car of the complainant kept in the premises were damaged due to fire. The non returning of the vehicle after repairs was due to the fault of the opposite party and nothing was contributed by the complainant. It is due to the negligence and deficiency of service of the opposite party that such an accident occurred. The vehicle was kept in the premises for such a long period without any reasonable excuse. The complainant did not even get an opportunity of renewing the insurance in time.  The opposite party alone is responsible for the loss occasioned to the complainant. The complainant estimates his loss as Rs. 25,00,000/-. On 02/06/2020, a lawyer notice was issued to the opposite party, but it evoked no response. The complainant is limiting the claim to Rs. 20,00,000/-. Hence the complaint claiming compensation of Rs. 20,00,000/-.
4. The opposite party was set exparte. Later a petition was filed as IA No. 211/2022 to set aside the exparte order. IA No. 211/2022 was dismissed as per order dated 04/10/2023.  
5. The points that arise for determination in this complaint are;                                                                                                                           1) Whether there was any deficiency of service on the part of the opposite party, as alleged?

             2) Reliefs and costs.

6. The complainant was examined as PW1 and Exts. A1 to A4 were marked.
7. Heard.
8. Point No.1: PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the certified copy of the Power of Attorney, Ext A2 is the copy of the lawyer notice dated 02/06/2020, Ext A3 is the copy of the postal receipt and Ext A4 is the copy of the postal acknowledgement card.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version in time. But it may be noted that even as per the averments in the complaint the car of the complainant was damaged due to fire accident that occurred in the workshop of the opposite party. There is nothing in evidence to indicate that there was any negligence on the part of the opposite party or that he had contributed to it. In the absence of any such evidence, no deficiency of service can be attributed against the opposite party in this regard.
10. The insurance of the vehicle is in the name of the registered owner. It is the duty of the registered owner to ensure that the vehicle is having valid insurance certificate. The complainant is the registered owner and it is for him to renew the insurance in time. The opposite party, who is the proprietor of the work shop, cannot be blamed for the non renewal of the insurance of the vehicle in time. For the latches of the complainant in the matter of renewal of the vehicle insurance, the opposite party cannot be blamed or penalised.
11. For the aforesaid reasons, we are of the view that the claim for damages to the vehicle due to the fire accident cannot be sustained.
12. But at the same time, one cannot be unmindful of the fact that there was inordinate delay in the matter of repairs of the car. PW1 has given evidence that the vehicle was entrusted to the opposite party for repairs in the first week of January 2017 and a substantial amount was given to the opposite party. It is averred in the affidavit that though the opposite party had agreed to deliver back the vehicle after repairs within 2 months, he did not keep his word and was adopting delay tactics stating one reason or other. It may be noted that even by 12/05/2020 when the fire accident took place, the vehicle was not ready for delivery to the complainant after repairs. There is delay of more than 3 years. The opposite party has not offered any explanation for the delay. No contra evidence is there. The long delay itself amounts to deficiency of service on the part of the opposite party. Undoubtedly, the complainant was put to gross mental agony and hardship due to the delay, for which, he is entitled to be compensated adequately, though he is not entitled to get any compensation for the damage caused to the vehicle due to the fire accident. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 2,50,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 5,000/- as cost of the proceedings from the opposite party.
13. Point No. 2 :In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 180/2020 is allowed in part.
2. The opposite party is hereby directed to pay a sum of Rs. 2,50,000/- (Rupees two lakh fifty thousand only) as compensation to the complainant for the mental agony and inconvenience suffered due to the deficiency of service of the opposite party.
3. The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as cost of the proceedings to the complainant.
4. The payment as afore stated shall be made within 30 days of the receipt of  the copy of this order, failing which, the amount of Rs. 2,50,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.

Pronounced in open Commission on this, the 14^st day of December, 2023.

Date of Filing: 09/09/2020

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Invoice dated 21/03/2022.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -   Muraleedharan. A, (Complainant)

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True Copy,      

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