Date of Filing:17.10.2007<br /> Date of Order: 11.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 11TH DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2109 OF 2007 <br /> <br /> <br /> Arun R. Joshi,<br /> S/o Late K.R. Joshi,<br /> No.47, Surveyor Street,<br /> Basavanagudi,<br /> Bangalore-560004. Complainant<br /> <br /> V/S<br /> Babu,<br /> Proprietor,<br /> Fine Tune Motors, <br /> 4th Cross, Tank Garden,<br /> Someswaranagar, <br /> Jayanagar I Block,<br /> Bangalore-560011. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> <br /> This complaint is filed by the complainant for refund of Rs.10,000/- with interest and costs. <br /> The complainant states that, he entrusted his Car bearing No.MYZ 823 to the opposite party for reconditioning including servicing and to carryout all necessary tinkering work and painting. The opposite party is a Proprietor and Mechanic dealing in the repairs, reconditioning and overhauling of Cars and other automobiles under the name and style as “Fine Tune Motors”. The complainant has paid Rs. 10,000/- by means of cheque bearing No.158067 drawn on Bank of India, V.V. Puram Branch as 50% advance which has been cleared on 4/3/2006. The extract of the complainant’s Bank Account containing the relevant entry is produced. The respondent has promised to complete the repairs work within a period of 3 to 4 months. But the respondent even after the promised time of four months showed no signs of delivering the car. During April-2007 the complainant personally visited the Garage of the opposite party and demanded explanation for delay in executing the work. The opposite party refused to give any categorical assurance. Thereafter, the complainant demanded to refund the advance amount of Rs.10,000/- and deliver the car in its original condition. Long period after visit of the complainant’s to the garage of the opposite party, on 3/7/2007 in the middle of the afternoon quietly dumped the car in the compound of the complainant. At that time the car was in a dismantled condition with loose and removed parts and many parts are missing and no repairs were effected, no overhauling and painting was done. In addition to this the opposite party did not care to return the advance amount. Thereupon, the complainant sent a letter to the opposite party on 8/8/2007 and the acknowledgement for having delivered the same is enclosed. Thus, the opposite party has committed deficiency of service to approach this Forum for getting the relief. Hence, the complaint. <br /> <br /> 2. Notice was issued to opposite party by registered post. Notice was served. In spite of service of notice opposite party has not appeared before this Forum. He remained absent.<br /> 3. Affidavit evidence of complainant filed. Arguments of complainant heard in person. <br /> 4. The point for consideration is:-<br /> 1. Whether the complainant is entitled for <br /> refund of Rs.10,000/- with interest and costs? <br /> <br /> 2. Whether there is a deficiency of service on the <br /> part of the opposite party?<br /> <br /> REASONS<br /> 5. The complainant has produced the statement of account of his Bank. The statement of account discloses that he has paid Rs.10,000/- through a cheque bearing No.158067 to the opposite party. To that effect there is debit entry in the statement of account. Therefore, by the Bank statement it is clear that the complainant has paid Rs.10,000/- to the opposite party as advance amount. It is the case of the complainant that he personally visited garage of the opposite party and asked for continued delay in executing the job and on 3/7/2007 the opposite party dumped the car in the compound of the complainant’s house and walked away without informing the complainant. The complainant has stated in his complaint that order was completely dismantled and removed parts kept on the seats of the car and the car bore a coat of red oxide. The complainant has produced the photographs of the vehicle. The opposite party did not care to return the advance amount of Rs.10,000/- accepted by him. The complainant sent a letter to opposite party demanding the return of advance amount. The opposite party neither replies the letter nor repaid the amount. The case made out by the complainant has gone unchallenged. The opposite party though served with notice by RPAD has not cared to appear and attend this Forum. The opposite party has not submitted his defense version. There is absolutely no reason to disbelieve the case made out by the complainant on the facts and circumstances narrated by the complainant in his complainant and affidavit. It can safely be held that there was a deficiency of service on the part of the opposite party. The complainant is entitled for refund of the advance amount paid since the opposite party has not cared out the job entrusted to him properly. Therefore, by accepting the complaint we are of the opinion that the opposite party shall be directed to refund the amount of Rs.10,000/- with interest and costs. The complainant has claimed damages for mental agony etc.,. On the facts and circumstances of the case, it is not a case to grant damages to the complainant. The ends of justice will be met in ordering refund with interest and costs. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.10,000/- to the complainant with interest at 12 % p.a from 4/3/2007till payment.<br /> 7. The complainant is entitled to Rs. 500/- towards costs of the present litigation.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 9. Pronounced in the Open Forum on this 11TH DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />