Date of Filling     :  28.01.2016.

                                                                                           Date of Disposal :  20.05.2016.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.

PRESENT:  THIRU. S.  PANDIAN, B.Sc., L.L.M.,              …    PRESIDENT

                    TMT. S.  SUJATHA, B.Sc.,                           …    MEMBER - I

Consumer Complaint no.06/2016

(Dated this Friday the 20^th day of May 2016)

J.  Socrates,

No.2, Plot No.27A, 3^rd Cross Street,

Balaji Colony,

Velachery,

Chennai - 600 042.                                                                    … Complainant.

                                                          / Versus /

The Manager,

ABRA MOTORS PVT. LTD.,

No.80, Ambattur Industrial Estate,

Chennai - 600 058.                                              … Opposite party.

This complaint is coming upon before us finally on 27.04.2016 in the presence of Thiru. A. Muruganandam, Counsel for the Complainant and the                  Opposite party is Set Exparte for non appearance and upon hearing arguments, having perused the documents and evidences and Written arguments of the Complainant, this Forum delivered the following,

ORDER

PRONOUNCED BY THIRU. S.  PANDIAN, PRESIDENT

This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite party for seeking Rs.2,50,000/- towards compensation for damages on their part and thereby caused mental agony with cost.

1.      The brief averments of the complaint as follows:-

The complainant had approached the opposite party on 23.09.2015, the service advisor named Mr. Kumar Ajay attended the complainant and admitted the car on the same day itself for general check up.  Then, the service advisor approximately quoted the amount of Rs.18,750/- and after making some calculations he quoted that it would come around Rs.21,000/- and also the service advisor promised that the car would be ready in 2 days with compliance of all the problems.  On believing the words, the complainant kept the car with the  opposite party and was waiting for the reply from the opposite party

2.       That after 2 days, a Higher Officer of the opposite party contacted the complainant contacted the complainant over phone and demanded Rs.23,000/- from the complainant, eventhough the amount is pretty high, he accepted to pay the amount.  The opposite party after informing to the complainant sent the car to his house on 03.10.2015 at around 10:00 p.m. and the driver demanded Rs.22,830/- from the complainant by stating that the service of the car had been completed.  On believing the words, the complainant paid Rs.22,830/- and got the Invoice no.SIP 139324 dated 03.10.2015.

3.       Even after the service of the car there is no improvement in the condition of the car.  The opposite party as per his Invoice told that they have changed some parts of the car and also for which the opposite party charged the amount.  But on the other hand they refused to return the old parts which were replaced by them.  The working condition was very bad as compared to the pre – service of the car.  No parts as mentioned in the invoice were replaced by the opposite party and on the other hand they charged excess amount from the complainant.  Since, the conditions was very poor and the complainant could not use the car still now.  This was immediately informed by the complainant to the opposite party by his E-mail dated 05.10.2015 and 12.10.2015.  Even after repeated request the opposite party simply neglected the request and thereby the complainant got mental agony,  pain and sufferings.  The act of the opposite party is clearly amounts for deficiency in service.  Hence, the complaint.

4.       In order to prove the case of the complainant, the complainant has filed the proof affidavit as his evidence Ex.A1 to Ex.A8 are marked.

5.    At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?

2. To what other reliefs, the complainant is entitled to?

6.       Written arguments filed by the complainant and also oral arguments adduced on the side of the complainant.  Though the opposite party remained Ex-parte, this Forum wants to dispose the case fully on merits.

7.       Point no.1:-

Regarding this point, on careful perusal of the proof affidavit and the averments of the complaint, it is learnt that the complainant sent his car bearing the registration no.TN02 AS 0073 to the opposite party for general check up and oil service on 23.09.2015 and the same was admitted by the opposite party in his service station.  The opposite party gave quotation for the same around Rs.21,000/-.  It is further learnt that after informing the complainant, the opposite party sent the car to the complainant’s house on 03.10.2015 at around 10:00 p.m. along with the invoice for Rs.22,280/- which is marked as Ex.A6 and Ex.A8 and inturn the complainant had paid the said amount to the driver who is attached with the opposite party. 

8.       On further perusal of the proof affidavit of the complainant, it is stated that even after the service of the car there is no improvement in the condition of the car and also the opposite party had refused to return the old parts which are replaced by them in the complainant’s car and also they have charged excess amount and therefore, the complainant sent the complaint through E-mail along with the Ex.A1 & Ex.A2 which are marked as Ex.A3 and Ex.A4.  Even then, the opposite party had simply neglected the request of the complainant and hence the complainant sent the a legal notice, Ex.A5.  The opposite party had acknowledged the receipt of the same is marked as Ex.A7.  The complainant further stated that even after the receipt of the legal notice, the opposite party has neither replied nor complied to the demand of the complainant and thereby, the opposite party had caused mental agony and pain due to the deficiency in service of the opposite party.    At the same time, the complainant has not produced any document to show that the said vehicle is not fit for use still now.    Therefore, in this aspect there is no consistent evidence.   Regarding other facts there is concrete and acceptable evidence.

9.       From the foregoing of other the facts and circumstances and documents placed before this Forum, the complainant has proved the allegations made in the complaint against the opposite party inspite of the deficiency in service on the part of the opposite party beyond all doubts.   While so, there is no contra evidence on the side of the opposite party and also the opposite party had remained Ex-parte though the notice served and sufficient time was given.  It  clearly shows that there is deficiency in service on the part of the opposite party.  Thus point no.1 is answered accordingly.

10.     Point no.2:-

In view of the decision arrived in point no.1, the complainant is entitled to get relief as prayed in the complaint with reasonable compensation and cost.Thus point no.2 is answered accordingly.

11.     In the result, this complaint is allowed in part.  Accordingly, the opposite party is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for damages on the part of the opposite party and thereby caused mental agony with cost Rs.2,000/- (Rupees two thousand only) to the complainant.

The above amounts shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9.5% till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 20^th  May 2016.

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MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

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MEMBER - I                                                                             PRESIDENT