By. Smt. Bindu. R, President:

            This complaint is filed by Faisal. E, DIET Quarters, DIET Wayanad, Sulthan Bathery Post against The Service Manager, Tempest Automotive Service, Near KVR Bajaj, Dhottappankulam, Beenachi Post, Sulthan Bathery as Opposite Party alleging deficiency of service and unfair trade practice from the side of the Opposite Party.

            2.  The Complainant states that he has entrusted his motorcycle with Registration No.KL-11-BU-5547 for regular service with the Opposite Party and at that time the kilometres run by the vehicle was 17711.  Further the Complainant states that the Opposite Party on inspection of the vehicle told that the brake pad set of the front side has torned out and asked to replace the same.  Subsequently on 03.10.2023 the front wheel of the vehicle was replaced and at that time the man who serviced the vehicle informed the Complainant that front side brake pad of the vehicle is torned and asked the Complainant to replace it.  The total kilometres run by the vehicle at that time were 21069 km.  On 09.10.2023 after running 250 km, the Complainant approached the Opposite Party, where the periodic service of the vehicle was done and told them the brake pad has not been replaced by them at the time of service.  The Opposite Party informed the Complainant that it is the duty of the Complainant to ensure as to whether the brake pad is changed at the time of receiving the vehicle back after service.  They also said that the replacement of the brake pad became necessary, since the Complainant had applied brake continuously and the Opposite Party said that they cannot do anything in the case.  The Complainant states that the Complainant had to replace the brake pad in another workshop and the action of Opposite Party had caused mental agony to the Complainant.  Hence the instant complaint.

            3.  Even though notice was sent to the Opposite Party from this Commission, they did not turn up to contest the case or filed the version and hence Opposite Party is set ex-parte.

            4.  The following are the points to examine to derive into the merit of the complaint.

1. Whether the Complainant had sustained to any deficiency of service or unfair trade practice from the side of Opposite Party…?
2. If so, the compensation and costs for which the Complainant is entitled to get..?

5.  Evidence in this case consists of Chief affidavit of PW1 and Ext.A1 to A4 series and MO-1 from the side of the Complainant.  Ext.A1 produced by the Complainant is service pre-invoice issued by the Opposite Party to one Fathima. K. P (The name of the Complainant is Faisal. E) from which it can be seen that motorcycle bearing No.KL-11BU-5547 was given for servicing on 16.06.2023 and at that time the odometer reading of the vehicle was 17711.  It is also evidenced from Ext.A1 that the description of parts included “brake pad set front caliper” and an amount of Rs.249.99/- is shown against it.  The total amount of that pre-invoice is Rs.3,097.39/-.  Ext.A2 is an Invoice regarding the purchase of tyre. Ext.A3 is a job card in which it is written “f brake pad changing”.  On the reverse side of the Ext.A3 it can be seen that “f brake pad 220, Labour charge 150, Total 370” is endorsed.  Ext.A4(series) are the Email communications between the Complainant and Opposite Party.  In Ext.A4 (page 3) it can be seen that the Opposite Party had offered to the Complainant that the amount loss due to over charge shall be considered in the next service.  MO-1 produced by the Complainant is the brake pad. 

6.  The Commission upon perusing the overall aspects of the case and also on verification of evidence on record, reached into the following inferences.

7.  The Complainant had entrusted his vehicle with Opposite Party on 16.06.2023 for regular service and the running km of the vehicle at the time of service was only 17711.  Since the Complainant had not moved the Commission to get report through an Expert, the Commission cannot ascertain as to whether the brake pad set of the vehicle was replaced or not.  In order to ensure this disputed point, there is no material evidence but it can be seen from Ext.A1, which is only a service pre-invoice that the brake pad set front caliper is included in it and the value of which is also shown in it.  From this it is very clear that the Opposite Party had suggested the replacement of the brake pad. The above document a service pre-invoice and not a bill or invoice issued after service and not signed by Parties.

8.  Even though the picture is as above as per Ext.A4(3) the Opposite Party had admitted that the charges made in excess and the losses sustained to the Complainant shall be considered in the next service.  This offer of the Opposite Party is a very clear admission and a promise, so that the argument of the Complainant is having merit.

9.  Considering the above facts the Commission finds that Point No.1 is proved by the Complainant in his favour and the following orders are passed.

1. The Opposite Party shall refund an amount of Rs.249.99/- being the price of the brake pad set and Rs.42.48/- being the labour charges totalling an amount of Rs.292.47/- (Rupees Two Hundred Ninety Two and Forty Seven Paisa Only) to the Complainant.
2. An amount of Rs.2,500/- (Rupees Two Thousand Five Hundred Only) shall be given as compensation along with Rs.1,000/- (Rupees One Thousand Only) towards cost of proceedings.

Needless to say that the above said order is to be complied with by the Opposite Party within 30 days of receipt of the copy of this Order.  Otherwise the Opposite Party will be liable for 6% interest for the amount awarded from the date of this Order except for the amount awarded as costs.

Hence Consumer Case allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 25^th day of September 2024.

Date of Filing:-16.10.2023.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Faisal. E.                                            Teacher.

Witness for the Opposite Party:-

                        Nil.     

Exhibits for the Complainant:

A1.                  Service Pre-Invoice.                                              Dt:16.06.2023.

A2.                  Tax Invoice.                                                              Dt:03.10.2023.

A3.                  Job Card.                                                                  Dt:09.10.2023.

A4(Series).   Email Communications (3 Nos).

MO-1.            Used Brake pad.

Exhibits for the Opposite Party:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-