DISTRIC CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad 678 001, Kerala

Dated this the 18^th August 2011

Present: Smt. Seena.H, President

: Smt. Preetha G Nair, menber

: Smt. Bhanumathi A K, Member

Date of filing 08/03/2011

C.C.No:42/2011

1.Vijayalakshmi

W/O Late Sankunni

Kariyarthodi Veedu

Mangode(po)

Cherpulassery

Ottapalam Taluk

Palakkad.

2.Sunilkumar (Mechanic, KSRTC)

S/O Late Sankunni

Kariyarthodi Veedu

Mangode(po) - -Complainants

Cherpulassery

Ottapalam Taluk

Palakkad.

3.Saumya

D/O Late Sankunni

Kariyarthodi Veedu

Mangode(po)

Cherpulassery

Ottapalam Taluk

Palakkad

(Adv. Rajesh Panangad)

Vs

Adv.C.Pushpodharan

Chadippurath Veettil,(Gokul Nivas) -Opposite party

Kovur,Chevayur(po)

Kozhikode-17

O R D E R

By Smt. Preetha. G. Nair, Member

Complainants are the legal heirs of the deceased Sankunni, who was expired on 18/06/1998 after sustained serious injury in the accident at Chuvannamannu dated on 11/05/1998. The deceased Sankunni was the driver of the K.S.R.T.C Bus involved in the accident. He was seriously injured in the accident and admitted in Medical College Hospital, Thrissur. The 1^st complainant is the wife,2^nd complainant is son and the 3^rd complainant is the daughter of the deceased. The complainants are the only legal heirs of the deceased. The opposite party had contacted with the complainants through his brother Mr. Krishnanunni, who was a conductor in K.S.R.T.C. The opposite party along with brother Krishnanunni came to the house of complainants at Cherppulassery. The opposite party collected all the relevant documents regarding the accident and death. The complainants and the parent of the deceased Sankunni signed in the Vakkalath, Rs.50/-(Rupees Fifty Only) stamp paper, blank paper and given to the opposite party. He told them that these are the petitions to be filed before the MACT Court. The complainants believed the words of opposite party and they contacted with him through telephone. At that time the opposite party told that he had filed the claim petition before the MACT and the case will decreed after a long period. After a long period the 2^nd complainant and his friend went to the office of the opposite party at Calicut. Then they knew that the opposite party shifted his practice at Ernakulam. The opposite party informed to the 2^nd complainant that the case will be disposed on January 2010 and will get the compensation on February 2010. After the expiry of said period no movement was taken by the opposite party to dispose the case. On 31/12/2010 the 2^nd complainant went to Ernakulam. Then the opposite party given the number of the claim petition was 16/98 filed before the MACT at Calicut. The 2^nd complainant enquired in MACT Calicut regarding the case No:16/98 and surprised to know that No:16/98 is the case filed by some other petitioners. Thereafter they enquired in the insurance office at Thrissur and stated that no case was filed. The complainants demanded the opposite party to return the case files and documents related to accident. The opposite party failed to return the documents. On 24/01/2011 the opposite party directed the complainants to present at Ernakulam. The 2^nd complainant and his friend went to the office of 2^nd opposite party at Ernakulam. Then it was seen that the opposite party vecated the office and shifted to Calicut. The opposite party send SMS to the complainants that sent back all documents by registered post. The complainants waited till 6/2/2011. On 7/2/2011 the opposite party send another SMS stating that he will solved all the problems on or before 11/02/2011. Nothing was happened on the date. On 16/02/2011 the complainant send a registered notice stating to return the case file and pay compensation for Rs.10,00,000/-(Rupees Ten lakhs only). On 21/02/2011 the opposite party received the notice and not replied so far. The complainants were cheated by the opposite party for last 13 years. The demise of their father make a huge gap will compensate by the money getting from MACT and that can be used for the educational development. The act of opposite party amounts to deficiency in service and caused mental agony to the complainants.

Hence the complainant pray for an order directing the opposite party to,

1. Return Rs.1,500/-(Rupees One Thousand and Five Hundred Only) as the filing charge and bills, signed papers, stamp papers, treatment certificates, medical bills and case file relating to the accident.

2.Pay Rs.10,00,000/-(Rupees Ten Lakhs Only) as compensation for mental agony.

3.Pay the cost of the proceedings.

After admitting the complaint the opposite party present in two postings. No version and no affidavit filed by the opposite party.

Complainants filed affidavit and documents. Ext. A1 to A6 marked on the side of complaintant. Matter was heard.

Issues to be considered are,

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

2.If so, what is the relief and cost?

Issues I & II

In Ext.A2 the copy of wound certificate mentioned the injury sustained to Sankunni. In Ext.A3 is the copy of FIR, shows the accident and death of Sankunni. In Ext A4,A5 the 1^st complainant send a registered notice to opposite party. In Ext.A6 the notice received by the opposite party. The opposite party is an Advocate. He knows all the legal remedies regarding the filing of claim petition. In the present case the father of 2^nd complainant was died. The complainants are the legal heirs of deceased Sankunni. They were depending upon the income of the deceased. The complainants believed the opposite party to file the claim petition. No evidence was produced by the opposite party to prove the delay to non filing of the claim petition. In the present case also the act of opposite party amounts to deficiency in service. On believing the words of opposite party the complainants signed the papers and given all documents relating to the accident and death of deceased. But the opposite party has not filed the claim petition. The complainants were waiting for 13 years. In the interest of natural justice, we considered the nature and circumstance of the case, awarded Rs.1,00,000 (Rupees One Lakh Only) as compensation for deficiency in service. The act of opposite party is against the professional ethics.

In the above discussions we are of the view that 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,

1. Pay Rs.1,00,000/-(Rupees One Lakh Only) as compensation for deficiency in service and

return the documents related to the accident.

2. And pay Rs.1,000/-(Rupees One Thousand Only) as cost of the proceedings to the complainants.

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 order till realization.

Pronounced in the open court on this the 18^th day August 2011.

Sd/-

Smt:Seena H

President

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 complaintant.

1. Ext.A1-Copy of FIR no.69/98

2. Ext.A2-Copy of Accident and Register cum Wound certificate issued by the Medical

college Hospital, Thrissur.

3. Ext.A3-Copy of Post Mortem certificate issued by the District Medical College Hospital, Thrissur.

4. Ext.A4-Copy of letter send by the complainant to the opposite party dated 17/02/2011.

5. Ext.A5-Original receipt received by the opposite party.

6. Ext.A6-Acknowledgment card signed by the opposite party dated 21/02/2011.

Exhibits marked on the side of the opposite parties

Nil.

Witness examined on the side of the complainants

Nil.

Witness examined on the side of the opposite party

Nil.

Cost allowed

Rs.1,000/-(Rupees One Thousand Only) allowed as cost of the proceedings.