By. Sri. Ananthakrishnan. P. S, President:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
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2. The complainant’s case in brief is as follows:- The complainant is an Advocate. He purchased a Ford Fiesta Diesel car on 13.10.2011 from the second opposite party who is the authorised dealer of first opposite party. The registration number of the car is KL 12 F 8100. It was being used by the complainant alone for his personal purpose. When the complainant purchased the car, opposite parties assured quality in all parts of the car. They also assured that if any defects traced out in any parts, all those shall be rectified in accordance with terms and conditions prescribed by them. In the year 2019 February, the complainant noticed some coatings with rust on all the four doors of the vehicle. It is pertinent to note that the vehicle was being used and kept in perfect condition with covering from sun and rain. Due to the rest, the central lock system of the car was damaged and not working properly. Even though, the complainant pointed out the above said defects to the service centre of second opposite party, it was informed that the rust part cannot be replaced by them and advised the complainant to purchase old doors from the market dealing with old spare parts situates at Coimbatore. They also advised that he should not purchase the doors of 2011 model because those doors were manufactured by thin iron sheets with low quality paints and advise to purchase 2010 doors. The
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complainant believes that the rust is due to low quality iron door sheets and therefore it amounts to manufacturing defects. Therefore, the complainant put to heavy mental loss and strain. The vehicle become useless. Therefore he is entitled to replace the rusted 4 doors and locks of the doors and also compensation. Thus this complaint.
3. Both opposite parties are ex-parte. To prove the case of complainant, he was examined as PW1 and marked Ext.A1 to A5 and C1. Heard the complainant.
4. The complainant has given evidence in conformity with his case. Ext.A1 to A5 would go to show that he has purchased and owned the said car. The Commissioner supported the case of the complainant as per his report Ext.C1. So complainant proves his case. So, the complaint is to be allowed.
In the result, the complainant is allowed. Opposite parties are directed to replace the 4 doors and central lock system of the Ford Fiesta car of the complainant bearing Reg. No. KL 12 F 8100. They are also directed to pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the complainant
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for his mental agony and Rs.10,000/- (Rupees Ten Thousand Only) as compensation. It is directed to replace the doors and central lock system of the car and pay the amount within 30 days from the date of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 23rd day of December 2020.
Date of Filing: 04.08.2020.
PRESIDENT :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. V. K. Saji. Advocate.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Sales Certificate. Dt:13.10.2011.
A2. Delivery Note.
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A3. Receipt. Dt:14.10.2017.
A4. Copy of Tax Receipt.
A5. Copy of Registration Certificate.
C1. Commissioner Report. Dt:17.12.2020.
Exhibits for the opposite parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
