By Sri. MOHANDASAN K., PRESIDENT
Complaint in short is as follows: -
1. The complainant filed this complaint seeking direction against opposite parties To pay Rs.8,94,507/- or to replace the vehicle and also to pay an amount Rs. 1,00,000/- as compensation to the complainant.
2. On admission of the complaint notice was issued to the opposite parties and the opposite parties entered appearance.
3. The opposite parties filed version denying the entire averments and allegations in the complaint.
4. Subsequently the complainant filed an application to appoint and expert Commission in the matter to examine the vehicle and accordingly the commissioner was appointed and he filed a report. Then the complaint was posted for evidence and the complainant was directed to file affidavit in lieu of evidence. But the complainant did not file affidavit. The counsel appearing for the complainant endorsed no instructions. The opposite parties filed affidavit in lieu of evidence and also documents. The documents on the side of opposite parties marked as Ext.B1 to B8. The Commissioner’s report marked as Ext.C1. Ext. B1 is Copy of dealership agreement. Ext. B2 is the copy of Virtual RC document. Ext. B3 is the copy of warranty card. Ext. B4 is the copy of Amaze Maintenance Schedule –Petrol. Ext. B5 is the copy of the job card wherein the engine sub –assembly was replaced under warranty. Ext.B6 is the copy of tax invoice issued by opposite party No.1 to complainant dated 27/02/2019. Ext. B7 is the copy of the Car Service History record. Ext. B8 is the copy of satisfaction note dated 28/02/2019. But the complainant did not file affidavit in lieu of evidence and so the Commission examined the evidence produced by the opposite party.
5. The Commission issued registered notice to the complainant, but the complainant despite service of notice, not turned up. Hence, the Commission did not examine the merit of the complaint and complaint dismissed for default.
Dated this 27th day of March, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Nil
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B8.
Ext. B1: Copy of dealership agreement. Ext. B2 is the copy of Virtual RC document. Ext. B3: Copy of warranty card.
Ext. B4: Copy of Amaze Maintenance Schedule –Petrol.
Ext. B5: Copy of the job card wherein the engine sub –assembly was replaced
under warranty.
Ext.B6: Copy of tax invoice issued by opposite party No.1 to complainant dated
27/02/2019.
Ext. B7: Copy of the Car Service History record.
Ext. B8: Copy of Satisfaction Note issued by complainant dated 28/02/2019.
Ext.C1: Report of Expert Commissioner.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
