DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 9TH DAY OF DECEMBER, 2024.
PRESENT : SRI. VINAY MENON .V., PRESIDENT.
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING: 28.06.2024.
CC/265/2024
V.Sharan S Sekhar, - Complainant
S/o.Sudheesh Sekhar, Varikkottil House,
Kadampoor PO, Pookottukavu Village,
Ottappalam Taluk, Palakkad-679 515.
(By Adv.Girish K.Nochulli)
Vs
Satheesh, Manager Indus Go Motors, -Opposite Party
Amritha Nagar, Edappally,
Kochi, Kerala-682 024.
(Ex-parte)
ORDER
BY SRI.KRISHNANKUTTY N.K, MEMBER.
1. Pleadings of the complainant in brief:-
The complainant who is a professional harmonist hired a ’rent a car’ bearing Registration No.KL-07-DB-4632 (Maruthi Brezza) from the opposite party on 14.06.2024 for a payment of Rs.6,894/- of which Rs.5,000/- is caution deposit and balance is the rent for a day. The caution deposit is refundable when the vehicle is returned. During the journey for returning the vehicle, the front left tyre had a puncture, hence the same was replaced with Stepney tyre with the help of a technician. Because of this, the opposite party was demanding additionally Rs.9,000/-. Finally, the complainant had to pay Rs.6,120/-. Rs.5,000/- collected for caution deposit was also not returned. The complainant had to arrange another vehicle (uber) for reaching his programme venue, but missed the programme because of the delay in reaching the place. After the telephone contact by the father of the complainant the opposite party refunded Rs.6,120/-, but Rs.5,000/- collected as caution deposit is yet to be refunded. Hence, this complaint is filed seeking Rs.2,00,000/- as compensation for the financial loss suffered by the complainant apart from Rs.20,000/- as cost.
2. Complaint was admitted and notice was issued to the opposite party. Though the notice was delivered on 07.09.2024, the opposite party did not enter appearance or file version. Hence, they were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A5 as evidence. Ext.A1 is the screen shot of booking made against payment of Rs.6,894/-, Ext.A2 is the screen shot of payment of Rs.6,120/- made to the opposite party, Ext.A3 is the image of message from SBI for the debit of Rs.6,120/-, Ext.A4 is the image of the SMS from SBI showing the credit of Rs.6,120/- to the complainant’s account and Ext.A5 is the website of the opposite party showing the vehicle for booking.
4. In the absence of version from the opposite party the merits of the case is to be decided on the basis of proof affidavit filed and documents marked from the side of the complainant.
5. From the documents marked in evidence, it is clear that the opposite party has not refunded the caution deposit collected from the complainant while booking which is refundable when the vehicle is returned. If there is any reason for not paying the amount back, the opposite party should have presented their case by joining the proceedings in the absence of which we have to conclude that there is material in the facts stated in the affidavit filed by the complainant and decide the case accordingly.
6. As far as the loss of income is concerned, the complainant has not adduced any evidence to the satisfaction of this Commission.
7. In the result, the complaint is allowed in part ordering the following reliefs.
1. Liability is cast on Indus Go-Motors and not the Manager.
2. The opposite party is directed to refund Rs.5,000/- being the caution deposit collected from the complainant along with interest @ 10% pa from 14.06.2024 till the date of payment.
3. The opposite party is also directed to pay Rs.15,000/- towards compensation for deficiency in service and resultant mental agony.
4. The opposite party is further directed to pay Rs.10,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite party is liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 9th day of December, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N.K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Screen shot of booking made against payment of Rs.6,894/-.
Ext.A2: Screen shot of payment of Rs.6,120/- made to the opposite party.
Ext.A3: Image of message from SBI for the debit of Rs.6,120/- to the complainant’s account.
Ext.A4: Image of message from SBI for the debit of Rs.6,120/- to the complainant’s account dated 19.06.2024.
Ext.A5: Website of the opposite party showing the vehicle for booking.
Document marked from the side of Opposite party: Nil
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 10,000/-.
Manuscript prepared by me, transcribed by the Confidential Assistant and verified by me.
Dated this the 9th day of December, 2024.
Sd/-
Krishnankutty N.K, Member.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
