Date of Filing: 04-12-2018
Date of Order: 29-10-2020
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Thursday the 29th day, of October, 2020
C.C.No. 464 /2018
Between
P. Ravinder Reddy, S/o Late P. Rami Reddy,
Age 60 years, Occ: Govt. Pleader,
R/o: 2-2-1074/6, G-1,
Sri Kodanda Rama Nilayam,
Street No.1, Bagh Amberpet,
Hyderabad.
….Complainant
And
The Manager
Varun Motors Pvt Ltd,
Begumpet, Hyderabad Pin No- 500016
… Opposite Party
Counsel for the Complainant : K. Madhusudhan Reddy
Counsel for the Opposite parties : INDUS LAW FIRM
(V.R.N. Prashanth)
O R D E R
(By Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT on behalf of the Bench)
1. This complaint is preferred U/s 12 of Consumer Protection Act 1986 alleging unfair trade practice on the part of opposite party.
2. The complainants case in brief is that he has given the Car bearing No. CIAZ ZDI to the opposite party for service and opposite party after the service work assessed net bill amount at Rs. 11,203/- (Eleven Thousand Two Hundred Three Only). Complainant had an insurance policy with M/s National Insurance Company to cover the risk of damage to the vehicle. The complainant duly intimated to his insurer about the assessment made by opposite party and on such intimation National Insurance Company paid an amount of Rs. 4,245/- (Rupees Four Thousand Two Hundred Forty Five only) out of total bill amount of Rs. 11,203/- (Eleven Thousand Two Hundred Three Only) to the opposite party. Hence the liability of the complainant is only Rs. 6,958/- (Rupees Six Thousand Nine Hundred Fifty Eighty Only) to the opposite party but opposite party collected total bill amount of Rs. 11,203/- (Eleven Thousand Two Hundred Three Only) under the guise that it will remit the amount paid by Insurance Company to the complainant at a latter date, but opposite party failed to pay the said amount of Rs. 4,245/- (Rupees Four Thousand Two Hundred Forty Five only) to the complainant despite repeated demands thereby committed the offense of breach of trust.
3. The complainant got issued a legal notice to the opposite party on 09-05-2018 calling upon to refund Rs.4,245/- (Rupees Four Thousand Two Hundred Forty Five only) and a further sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) as a compensation for causing mental agony. The opposite party having acknowledged the said notice neither paid the amount demanded nor gave a reply. Hence the present complaint for a direction to the opposite party to pay Rs. 4,245/- (Rupees Four Thousand Two Hundred Forty Five only) as amount received from the Insurance Company and a further sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards compensation for causing mental agony with interest at 18% P.A from the date of the complainant to the date of disposal of present complaint and a further sum of Rs.10,000/- (Rupees Ten Thousand Only) towards legal expenses incurred by the complainant.
4. The opposite party having made appearance through an advocate firm neither filed written version nor an evidence affidavit, even after 4 months from the date of filing of the Vakalath of the firm. Hence complaint is proceeded in exparte against the opposite party.
5. In the enquiry complainant got filed his evidence affidavit reiterating material facts of the complaint and in support of the same got exhibited 5 (Five) documents.
6. The complaint side filed written arguments and made oral submissions. On a consideration of material available on the record the following points have emerged for determination.
1. Whether the complainant has made out of a case of unfair trade
practice on the part of opposite party?
2. Whether the complainant entitled for the reliefs claimed for.?
3. To what relief.?
Point No.1:-
The Oral and documentary evidence on the record shows complainant had a Insurance Policy under Ex.A4 from National Insurance Company for his Car vehicle Maruthi CIAZ ZDI and he delivered the same O.P on 30-01-2018 to carry out necessary repairs. Ex.A1 is Job card details tax invoice which evidences the fact of delivery of car to O.P by the complainant. The net bill amount shows there in is Rs. 11,203/- (Rupees Eleven Thousand Two Hundred Three Only) Ex.A5 is communication received by complainant from the National Insurance Company informing that an amount of Rs. 6,900/- (Rupees Six Thousand Nine Hundred Only) was paid by Insurance company to opposite party and it fortifies the complainant version that his insurer paid approved amount. So the opposite party is supposed to the refund said amount to complaint, since it has received the total bill amount from the complainant as evidenced by Ex.A2. The complainant has filed the office copy of a legal notice issued to the opposite party under Ex.A3 and having acknowledged the O.P either paid the amount nor gave a reply which necessitated the complainant to file the present complaint.
As already said the opposite party on receipt of notice of this complaint engaged an advocates firm but neither filed the written version nor participated in the enquiry. Hence an inference has to be drawn the opposite party has nothing to deny the complainants version. Since it is crystal clear that the opposite party received an amount of Rs. 6,958/- (Rupees Six Thousand Nine Hundred Fifty Eight Only) from the insurer of the complainant but failed to repay the same the complainant though collected the total bill amount and it amounts to unfair trade practice. Accordingly the point is answered in favour of the complainant.
Point No.2:-
In the result the compliant is allowed in part. The opposite party is directed to refund the amount of Rs 4,245/- (Rupees Four Thousand Two Hundred Forty Five Only) with interest at 18% P.A. from the date of complaint to the date of payment Opposite party is further directed to pay a compensation of Rs. 10,000/- (Rupees Ten Thousand Only) to the complainant for causing mental agony to him. The opposite party is also liable to pay a sum of Rs. 5,000/- (Rupees Five Thousand Only) towards the cost of the complaint.
Time for compliance is 45 days from the date of service of order. If the opposite party failed to comply the order within 45 days from the date of service of this order is liable to pay interest on the compensation of amount at 18% P.A from the date of the complaint to the date of payment.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 29th day of October, 2020.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of Job Card retails- tax invoices dated 30-01-2018
Ex.A2 – Copy of cash Payment Receipts(VARUN MOTORS PVT LTD) ,
dated 12-02-2018
Ex.A3 – Copy of Legal Notice along with Postal receipt and Acknowledged,
dated 09-05-2018
Ex.A4 – Copy of the original Insurance Policy, dated 31-12-2018.
Ex.A5 – Copy of details of payment made to M/s Varun Motors, dated 15-
09-2020
Exhibits filed on behalf of the Opposite parties:
Nil
MEMBER PRESIDENT
