Kerala

Thiruvananthapuram

CC/71/2022

Radhakrishnan R - Complainant(s)

Versus

Varun Krishnan R - Opp.Party(s)

26 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

CC.NO.71/22 (Filed on: 21/02/2022)

ORDER DATED :  26/07/2022

 

COMPLAINANT

Radhakrishnan.N

S/o.Narayana Pillai,

Arya Bhavan, Parayathukonam.P.O

Kizhuvilam, Pin – 695104

 

(Party in person)

                                                VS

OPPOSITE PARTY

Varun Krishna.R

Wekay Automobiles,

Kizhuvilam.P.O, Mamam,

Attingal, Pin – 695104

 

(By Adv.L.Sandhya)

ORDER

SMT.PREETHA.G.NAIR                   : MEMBER

1.       The complainant purchased an electric auto from opposite party for an amount of Rs.3,05,000/-. At the time of purchase, the opposite party had promised one year full service, two years guarantee to the battery and 24 hours repair to the complainant. But the opposite party had not given any maintenance and service. More over the tool box, insurance paper and service book was not given by the opposite party. The opposite party had attended the phone calls from the complainant to repair the vehicle but they had not repaired the vehicle. The vehicle had became damaged due to oil leakage and electric problem daily. On 04/03/2021 when the complainant has gone to renew the false meter from Legal Metrology they stated that the fare meter date was expired and the fare meter was fitted in the vehicle in the year 2020. Then they demanded to pay Rs.2700/- as fine or replace the old fare meter. The opposite party had not given the details of the fare meter. The manufacturer of the vehicle admitted that Rs.20,000/- was given to opposite party for service. Thereafter the complainant filed complaint before the police station. The act of opposite party amounts to deficiency in service. After accepting the notice the opposite party was absent. They were set exparte.

Complainant filed proof affidavit and documents. Exts.A1 to A4 marked from the side of complainant.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of opposite party?
2. If so what is the relief and cost.

Issues I & II

                As per Ext.A1, the copy of receipt given by the Attingal P.S shows that complainant filed by the complaint. Ext.A2 is the copy of RC in the name of complainant. Ext.A3 is the copy of tax invoice dated 04/03/2021 the purchase of fare meter for an amount of Rs.2770.64/- .Ext.A4 is the copy of certificate of verification dated 17/06/2020 issued by Legal Metrology for an amount of Rs.4250/-.

                On the available evidence the complainant had paid Rs.2770.64/- for fitting the fare meter. The complainant stated that he had paid Rs.10,000/- for repairing the vehicle. But no evidence was produced to show the repairing charges. The opposite party has not produced any evidence to disprove the case of complainant.

                In view of the above discussions, we find that the act of opposite party amounts to deficiency in service.

                In the result, complaint is allowed. We direct the opposite party to pay Rs.4250/- as the price of new fare meter and pay Rs.15,000/- as compensation for mental agony and pay Rs.2500/- as cost of the proceedings to the complainant failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 26the day of July, 2022.

 

                                                                                Sd/-

P.V.JAYARAJAN     : PRESIDENT

 

                                                                                       Sd/-

PREETHA .G.NAIR    : MEMBER

 

                                                                                             Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

APPENDIX

CC.NO.71/22

List of witness for the complainant  

PW1                      - Radhakrishnan.N

Exhibits for the complainant

Ext.A1                 - Copy of receipt

Ext.A2                 - Copy of RC

Ext.A3                 - Copy of tax invoice

Ext.A4                 - Copy of certificate of verification from Legal Metrology
 

List of witness for the opposite party - NIL

Exhibits for the opposite party - NIL

Court Exhibits                         - NIL

 

 

                                                                                           Sd/-

                                                                                                PRESIDENT