THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C. 568/2015
Dated this the 19th day of August 2016
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, MA, LLB : Member
ORDER
Present: Beena Joseph, Member:
The brief facts of the case is as follows:
The complainant had purchased a new Ford Figo diesel car bearing registration No. KL11-AQ2670 from the opposite party in the year 2013.the above vehicle was met with an accident from Kudak in November, 2014 which caused damage to the front side of the vehicle. The above vehicle was having full cover insurance with National Insurance Company Ltd. After the accident the vehicle was entrusted opposite party for repair. The opposite party charged Rs.4,06,410/- as repair charge, among which Rs.2,86,210/- realized from the Insurance Company, remaining Rs.1,02,200/- collected from the complainant. Complainant really apprehends that the opposite party had issued exorbitant bill without conducting proper repair. He states that the total market value of the car is less than the repair charge. Opposite party took three months in order to repair the vehicle and kept the vehicle for three months idle by saying the lame excuses. Even after the costly repair from the opposite party, the vehicle was not functioning properly. Thus the complainant compoled to repair the vehicle from Muthoot Automobiles Pvt. Ltd. by spending Rs.10,170/-. From there it is understood that the gear box and steering not repaired properly. Above all after charging the exorbitant amount the vehicle’s body was not painted by the opposite party. This is a clear case of cheating and illegal trade practice on the part of the opposite party. Thus the petitioner issued lawyer notice demanding Rs.1,20,210/- and cost of subsequent repair including the compensation for inconvenience and hardships. Hence this petition.
Notice issued both parties, notice served upon them. But the opposite parties were absent and set ex-parte.
Thereafter complainant examined as PW1, Ext. A1 to A8 marked on his side. Ext. A1 series is the photographs of the damaged vehicle. Ext. A2 is the RC of the vehicle. Ext. A3 is the cash receipt issued by the opposite party. Ext. A4 and A5 are the bill issued by Muthoot Automobiles, Ext. A6 is the lawyer notice with postal receipt, Ext. A7 is lawyer notice to the Post Mater regarding the loss of acknowledgement. Ext. A8 is the reply of Senior Superintendent of Post Office.
In the above matter there was no cross examination or contra evidence to disprove the claim of the complainant. On going through the evidence and documents produced before this Forum clearly establish the case of the complainant.
In the result, the above petition is allowed.
Therefore we direct the opposite party to pay Rs.1,20,210/- (Rupees one lakh twenty thousand two hundred ten only) which collected excessively from the complainant, to pay Rs.10,170/- (Rupees ten thousand one hundred seventy only) as the additional repair charge incurred by the complainant and to pay Rs.10,000/- (Rupees ten thousand only) as compensation for illegal trade practice and deficiency of service. Comply the order with, within 30 days from the date of receipt of this order
Dated this the 19th .day of August, 2016
Date of filing: 07/11/2015
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Photographs of the damaged vehicles (series)
A2.R.C. Of the vehicle
A3.Cash receipt issued by the opposite party dtd.26.02.15
A4. Bills issued by Muthoot Automobiles dtd.16.05.15.
A5. Bills issued by Muthoot Automobiles dtd.05.08.15
A6. Lawyer notice with postal receipt dtd.28.04.15
A7. Lawyer notice to the Post Master regarding the loss of acknowledgement.
dtd.14.05.15
A8. Reply letter of Senior Superintendent of post office dtd.19.05.15.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order//
SENIOR SUPERINTENDENT
