CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member CC.No.164/09 Saturday, the day of 30th, January, 2010.
Petitioner C.J.Joseph Chilampattuserry house Arpookara village Kottayam. (Adv.V.R.Premji) Vs. Opposite party. Santhosh Thomas Proprietor City Gas Centre 37/1449A, Olassa Estate Kumaranasan Road Ernakulam.
O R D E R Smt.Bindhu M.Thomas, Member.
The petitioner's case is as follows. The petitioner's Maruti Swift car bearing No.KL.5.X.1485 and of type VXI, BS III was entrusted to the opposite party for gas conversion and for endorsing the said gas conversion in the RC book. The petitioner paid the Rs.21,000/- as demanded by the opposite party. The gas conversion was done on 20-12-2006. All the documents and money necessary for getting the gas conversion endorsed in the RC book was given to the opposite party. But the opposite party had not done anything in this regard. The petitioner alleged that at the time of receiving money the opposite party assured that the said gas conversion is legally permitted. The petitioner further alleged that the opposite party delayed the said gas conversion endorsement saying reason that there is some legal impediment. According to the petitioner due to the deficiency in service on the part of opposite party he is forced to ride the vehicle using the fuel petrol itself. Hence the -2- petitioner filed this petition praying to direct the opposite party to endorse the gas conversion in the RC book, Compensation Rs.1,25,000/- and litigation cost. Notice to opposite party served. Opposite party called absent hence set exparte. Points for consideration are:- Whether there is any deficiency in service or unfair trade practice on the part of opposite party? (ii) Reliefs and costs?
Point No.1. The petitioner produced the work receipt original and it is marked as exhibit A2. On perusing exhibit A2, it is understood that the gas was installed in the vehicle on 20th December 2006. The copy of certificate of registration is produced and marked as exhibit A1. On scanning exhibit A1, no gas conversion endorsement is found. As the opposite party chose not to contest, we are constrained to rely upon the evidence adduced by the petitioner. The petitioner averred that the delay committed by the opposite party to encdorse the gas conversion in the RC book has caused monetary loss and mental agaony to him. In our view the act of opposite party in not endorsing the gas conversion in the RC book even after the expiry of three years from the date of gas conversion is a clear case of deficiency in service. In our opinion the ends of justice would be adequately met by directing the opposite party to pay Rs.10,000/- as compensation. Point No.1 is found accordingly. Point No.2. In view of the findings in point No.1 the petition is allowed. The petition is ordered as follows.
-3- The opposite party will endorse the gas conversion in the RC book and return it to the petitioner. The opposite party will also pay Rs.10,000/- as compensation for the mental agony and monetary loss suffered by the petitioner along with Rs.2000/- as litigation cost to the petitioner. This order will be complied with within one month of receipt of its copy failing which the above mentioned sums will carry interest @ 9% p.a. till realisation.
Smt.Bindhu M.Thomas Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/-
APPENDIX Documents of the petitioner. Ext.A1 Copy of RC book Ext.A2 Original work receipt Ext.A3 Copy of Advocates notice.
Documents of opposite party. NIL.
By Orders,
Senior Superintendent. Kgr/4 copies.
| | HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | | 
