DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 3^rd day of February, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.128/2006

C.R.Babu,

S/o.Rajan,

B.S.Palace, House No.12/709,

Sulthanpet, Palakkad 678001 - Complainant

Vs

Denny,

Proprietor,

Mechano Motors,

Maruthi & New Generation Cars Service Centre,

N.H.Bye Pass, Kadamkode Junction,

Manapullikavu,

Palakkad. - Opposite party

(By Adv.Sheik Abdulla)

O R D E R

By Smt.Preetha.G.Nair, Member

The brief facts of the complaint is as follows.

The complainant had approached the opposite party for repairing his Ford diesel car bearing Regn. No.TN-58 F5656 on 25/03/2006. According to the complainant, opposite party informed him to reassemble the engine after untying it. The complainant has given Rs.23,000/- as repairing charges. On 16/05/2006, the opposite party delivered the vehicle to the complainant and asked for the balance amount. The complainant said that the balance amount will be paid only after driving the car. On 19/06/06 the complainant drove the car to Mannarkad for his son's marriage proposal. Thereafter the complainant had returned to his home and on the way the car stopped. Again there was complaint and complainant called the opposite party for repairing his car. But the opposite party told him that as the balance amount was not paid he will not repair the car. Therefore, the complainant had given the car to Mustang Workshop Pvt Ltd. in Trichur for repair. At that time the complainant had noted that the opposite party has used old and in-genuine spare parts for repairing. From there the

old spare parts were changed with new ones and the car was repaired in good condition. Now also the car had no starting trouble. According to the complainant the act of the opposite party amounts to clear deficiency of service. Hence the complainant prays before this forum for an order directing the opposite party to pay an amount of Rs.1,00,000/- for the deficiency of service of opposite party.

2. After admitting the complaint, notice was served on the opposite party for their appearance. The opposite party entered appearance through the counsel and filed version stating the following contentions.

3. The opposite party admitted that the complainant had given his car for repair, when his car was in a motionless situation due to starting trouble. The opposite party stated that the complainant had telephoned the opposite party to take his car for repair by towing it from his house. After checking the car the opposite party found that the engine of the car is very weak as it has run above 1 lakh kms. The complainant told the opposite party that he does not want to repair the car with guarantee and perfection because he desires to sell the car. Opposite party had given the car in an excellent condition after repair. Thereafter the opposite party asked for the payment of balance amount of Rs.10342-85 paise. The complainant refused to pay the amount and filed this complaint submitting false facts and untrue statements. Hence the opposite party prays this forum to dismiss the complaint.

4. Complainant and the opposite party filed proof affidavits along with documents. Exts.A1 to A13 and Ext.B1 to B14 were marked on the side of the complainant and opposite party respectively. Questionnaire filed by the opposite party was answered by the complainant. Evidence closed and matter heard.

5. Issues to be decided are;

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

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

6. Issue No. 1 & 2: The complainant stated that the opposite party had used old and in-genuine spare parts for repairing the car. From the Mustang Workshop changed the old spare parts with new ones and repaired the car in good condition. According to the complainant Exts.A1 to A13 showing that the opposite party and Mustang Workshop used the same

spare parts of the car. Exts.A11 to A13 documents were issued by the Mustang Motors, Thrissur. According to the opposite party the Mustang Workshop had never changed the spare parts of the car which the opposite party had already changed. The opposite party produced Exts.B1 to B14, the bills for changing the spare parts of the car. Documents produced by the complainant does not reveal the fact that Mustang Workshop, Thrissur has changed the same spare parts which the opposite party changed. The complainant has not taken any expert's evidence to prove his case. In view of the above circumstances we are of the view that the complainant has miserably failed to prove a case in his favour.

7. In the result, complaint is dismissed without costs.

8. Pronounced in the open court on this the 3^rd day of February, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Estimate form dtd.31/03/2006 from opposite party

Ext.A2 – Service Cash bill dt.7/4/06 issued by opposite party

Ext.A3 – Spare cash bill dtd.8/5/03

Ext.A4 – Estimate form dt.7/4/2006 for Rs.3409/- issued by opposite party

Ext.A5 - Estimate form dt.10/5/2006 for Rs.1008.35 issued by opposite party

Ext.A6 – Receipt dt.27/03/2006 for Rs.5000/- issued by opposite party

Ext.A7 – Receipt dt 03/04/2006 for Rs.4800/- issued by opposite party

Ext.A8 - Receipt dt 06/04/2006 for Rs.5200/- issued by opposite party

Ext.A9 - Receipt dt 08/04/2006 for Rs.5000/- issued by opposite party

Ext.A10 – Cash receipt No.302 dt.26/4/06 issued by opposite party

Ext.A11 – Invoice No.MU/06-07/3693 dt.12/7/06 issued by Mustang Motors Pvt. Ltd.

Ext.A12 – Estimate for Rs.10098/- issued by Mustang Motors Pvt. Ltd.

Ext.A13 – Cash receipt No.11494 dt.31/07/06 for Rs.2100/- issued by Mustang Motors Pvt. Ltd.

Exhibits marked on the side of opposite party

Ext.B1 – Repair order form

Ext.B2 – Estimate dt.31/03/06

Ext.B3 – Service cash bill dt.7/4/06

Ext.B4 – Cash bill of spare parts

Ext.B5 – Receipt dt.27/3/06

Ext.B6 – Bill dt.3/4/06

Ext.B7 – Bill dt.6/4/06

Ext.B8 – Bill dt.8/4/06

Ext.B9 – Repair order form

Ext.B10 – Estimate form dt.7/4/06

Ext.B11 – Service bill dt.8/4/06

Ext.B12 – Spare bill

Ext.B13 – Repair order form

Ext.B14 – Estimate form