DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Civil Station, Palakkad 678001, Kerala
Dated this the 18th day of August, 2011
Present: Smt.Seena.H, President
: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K. Member Date of filing: 8-3-2011
C.C.No.41/2011
P.M.Prabhakaran,
S/o.P.Raman Bhattathiripad,
Inspector, K.S.R.T.C.
Pathiyilmana,
Vellinezhi (PO),
Ottapalam - Complainant
(By Adv.Rajesh Panangad)
Vs
Adv.C.Pushpodharan,
Chadipurath Veetil,
(Gokul Nivas),
Kovur, Chevayur (PO),
Kozhikkode - Opposite party
(Party in person)
A M E N D E D O R D E R
By Smt.PREETHA G NAIR, MEMBER
Amended as per order in IA No. 514/2011 dated 19/11/2011
The complainant is working in K.S.R.T.C. On 11-05-1998, he was a conductor met with an accident at Chuvannamannu in Trissur. The complainant and other passenger sustained injury and admitted at Medical college Hospital, Trissur. The driver of the K.S.R.T.C died and the injury of the complainant was very serious. The brother of the opposite party C.Krishnanunni was a conductor in K.S.R.T.C. Due to the close relationship and friendship with the complainant and Mr.C.Krishnanunni the claim case was given to the opposite party. The opposite party is a practicing lawyer and promised the complainant to get a huge compensation from the motor accident claims. The opposite party collected all the relevant documents including discharge certificate, medical bills and all other treatment records from the complainant to file petition before MACT for compensation. The complainant has signed in blank papers and paid Rs 1500/- for expenses to the opposite party. Thereafter the complainant contacted with opposite party through phone several times. The opposite party replied that the case was filed and decreed after a long period. After years there was no reply from the opposite party. Then the complainant went to the office of opposite party. At that time the complainant got information that the opposite party practiced at Ernakulam. The complainant met the opposite party on October 2009 in his office at Ernakulam. Then the opposite party told that the case will disposed on January 2010 and get the compensation on February 2010. Even after the stipulated time there was no movement from the opposite party and no reply. The complainant again contacted the opposite party on 31-12-2010 at Ernakulam. The opposite party gave him a number 17/1998 and told that the case is pending before MACT, Calicut in this number. On enquiry before MACT Calicut revealed that the case no: 17/1998 was filed by some other person. It is very clear that the opposite party mislead the complainant and cheated him last 10 years. The complainant contacted the opposite party at Ernakulam, behaviour of opposite party is not in good and the complainant returned. Thereafter the opposite party asked the complainant to present at the Ernakulam office on 24-01-2011. The complainant went to the office along with his friend Sunil. It was seen that the opposite party has vacated the office and shifted to Calicut. The complainant got SMS from the opposite party's mobile phone stating that sent all the documents by registered post. The complainant waited till 6-2-2011. Then the complainant and brother of opposite party went to the house of opposite party at Kozhikode. The wife of the opposite party stated that the opposite party has went to Wayanad. On 7-2-2011,
the opposite party sent another SMS stating that he will solved all the problems on or before 11-2-2011. Nothing was happened. On 16-2-2011, the complainant sent a registered notice to the opposite party demanding all documents and the act of opposite party amounts to deficiency in service. On 21-2-2011 the opposite party received the notice and sent a photocopy of FIR to the complainant. Here it is very clear that the opposite party mislead the complainant by saying different things and he failed to conduct the case entrusted by the complainant. The opposite party was cheated to the complainant in 13 years. The act of the opposite party is unlawful and against the ethics of Advocate profession. Mental agony suffered by the complainant is uncountable. Hence the complainant prays an order directing the opposite party to
1.Pay Rs.1500/- as cost of filing and return the signed blank papers, medical bills, treatment certificates and all papers regarding the claim petition.
2.Pay Rs. 1,00,000/- as compensation to the damage caused to the complainant.
3.Pay cost of the proceedings.
After receiving the notice the opposite party present before the Forum. But
no version filed by opposite party. Thereafter the opposite party no representation and no affidavit filed.
Complainant filed affidavit and documents Ext. A1 to A3 marked on the side
of complainant. Matter was heard.
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
Complainant filed argument notes. On going through the available records and affidavits, there was an accident on 11-05-1998. Ext. A1, the FIR along with post cover is produced. It shows that the opposite party sent the registered envelop to the
complainant. The complainant stated that the opposite party send the copy of FIR. No contradictory evidence produced by the opposite party. In Ext. A2 series the complainant send a registered letter to the opposite party and demanding Rs.1,00,000/-(Rupees One Lakh Only) as compensation and return the documents along with case files. In Ext. A3 the opposite party received the notice and signed in the acknowledgment card. The complainant stated that all documents regarding the accident were given to the opposite party for filing the claim petition. Normally the complainant has given the document to Advocate for filing claim petition. In the present case the complainant has sustained injury due to the accident. No evidence was produced by the complainant to prove that injury was sustained to him. The complainant stated that all documents related to Medical bills and treatment certificates were given to the opposite party. In Ext. A2 series and Ext. A3 the notice send to the opposite party and received the notice. The opposite party is an advocate and now practising at Calicut. All proceedings and punishments are known to him. In the present case also the opposite party present two postings before the forum. Thereafter opposite party absent. No version and No affidavit filed by opposite party. The documents were not given to complainant. At the time of the accident the complainant was working as a conductor in K.S.R.T.C. Now he is working as Inspector in K.S.R.T.C. The accident was happened before 13 years. If the case was filed and evidence will taken by the opposite party, the complainant has got compensation. The act of opposite party amounts to deficiency in service and caused mental agony to the complainant. The opposite party has not filed the claim petition. The complainant approached the opposite party and to enquire about the claim petition. No evidence was produced by the opposite party to prove the delay to non-filing of the claim petition. Complainant believed the words of the Advocate and signed the Vakkalath to conduct the case. Also given the documents to the Advocate. These circumstances the
advocate has not conducted the case is deficiency in service. In the present case the brother of the opposite party was also working as a conductor at the time of accident. Due to the relationship and friendship the complainant, given all documents relating to the accident and signed the blank papers to the opposite party. But the opposite party failed to file the claim petition.
In the above discussions we are of the view that the deficiency in service on the part of opposite party to non filing of the claim petition. In the result the complaint allowed. We direct the opposite party to pay Rs.50,000/-(Rupees Fifty thousand only) as compensation for mental agony and pay Rs.1,000/-(Rupees One thousand only) as cost of the proceedings and return all documents related to the accident to complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 18th day of August, 2011.
Sd/-
Smt.Seena.H
Presdient
Sd/-
Smt.Preetha G Nair
Member
Sd/-
Smt.Bhanumathi.A.K.
Member
A P P E N D I X
Exhibits marked on the side of the complainant
1. Ext.A1 – Photocopy of FIR in crime no.69/98 at Peechi police station dated,
12-5- 1998.
2. Ext.A2- Copy of notice dated, 16-2-2011 send to opposite party by the complainant
along with postal receipt.
3. ExtA3- Acknowledgment card signed by opposite party.
Exhibits marked on the side of the opposite party
Nil.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite party
Nil.
Cost allowed
Rs.1,000/- allowed as cost of the proceedings.
