CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.341/12

Dated this the 30^th  day of October 2014.

            ( Present:  Sri. G. Yadunadhan, B.A., LLB.                              :  President)                      

                             Smt.Beena Joseph, M.A                                         : Member​ 

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                                                                                       ORDER

By G.Yadunadhan, President:

          The case of the complainant is that complainant had purchased Maruthi ALTO K.10 LXI  on 30.12.2011 from the second opposite party.  The colour of the vehicle is Sun light Copper Z.FM.  On 05.03.2012 complainant entrusted the above vehicle for the bumper repainting to the second Opposite party who is the authorized dealer and service provider of Maruthi vehicle.  Since some damage were caused to the bumper of the  above vehicle.  After one week the second opposite party informed the husband of the complainant that the repainting of the bumper was fully  and correctly been carried out by them.  But  at the time of taking delivery of the vehicle on 12.03.2012 the complainant’s husband could  notice that the repainting was done with a different colour.  Therefore the vehicle  was taken delivery by the complainant’s husband under protest.  The second opposite party has collected an amount of Rs.6,499/- towards the painting charge.  This is clear deficiency of service on the part of opposite party. The complainant estimates the damages caused to her  on account of deficiency of service and unsatisfactory work as Rs.15,000/- and also pay compensation.

             Opposite party after serving notice entered in appearance and filed their version stating that the accidental repairs are not covered under clause 4(d) of warranty policy. The matter in dispute relates to and arises of accidental repair for which complainant has entered into a independent contract with the workshop. The complainant has impleaded this opposite party with an ulterior motive to cause wrongful loss and to obtain undue gain and therefore this opposite party is liable to be  deleted from the arrays of parties.

            Opposite party No.2 after serving notice called absent and set exparte.

Points for consideration

1. Whether any deficiency of service on the part of opposite party?
2. Whether complainant is entitled to get any compensation from the opposite party? If so what is the relief and cost.

     Complaint was filed on 08.08.2012.  On 19.09.2012 first opposite party  entered in appearance and 28.01.2013 first opposite party filed their version.  From there onwards case is posted for filing affidavit or adducing oral evidence by the complainant. From 2013 onwards complainant was not appeared before the forum or adduced any evidence on behalf of the complainant. From 21.05.2014 onwards complainant was continuously absent so case is posted for  appearance of complainant.  On 17.09.2014 complainant deliberately evade from the proceedings.  On perusal of the complaint there is no merit in the complaint.  No document was seen produced to prove the complainant’s case before this Fora.  On perusal of the complaint itself there is no merit in this complaint therefore complaint is liable to be dismissed without any cost .

Pronounced in the open court this the  30^th  day of October 2014.

Date of filing:08.08.2012

                                  SD/- PRESIDENT                                                                      SD/- MEMBER

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT