BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH, MANGALORE
Dated this the 8th December 2016
PRESENT
SRI. VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SRI. T.C. RAJASHEKAR : HON’BLE MEMBER
ORDER IN
C.C.No.285/2013
(Admitted on 08.11.2013)
Mr. Ashok B.
Aged 39 years,
S/o Bommayya Poojary,
D.No.1.33, Rathna Mahal,
Bangra Kuloor, Mangalore.
….. COMPLAINANT
(Advocate for the Complainant: Sri MDM)
VERSUS
Durga Motors Co.,
N.H. 66, Kulur Junction,
New Mangalore 57
Represented by Branch Manager.
......OPPOSITE PARTY
(Advocate for the Opposite Party: Sri. AAK)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI. VISHWESHWARA BHAT D:
I. 1. The above complaint filed under Section 12 of the Consumer Protection Act alleging deficiency in service against claiming certain reliefs.
The brief facts of the case are as under:
The admitted facts are the complainant is the RC Owner of the bus KA.19.B.3466 kept the vehicle for repairs. On 22.2.2013 the complainant kept the vehicle with the authorized service centre of Ashok Leyland opposite party vehicle for 7 days for service / repairing. Complainant further alleges within 2 days from the time complainant was given proper and timely services to the bus, had some problem in the vehicle’s engine and again went back to opposite party. At that time the complainant came to know deficiency in service provided in the first service provided by opposite part. Within a month thereafter the problem in the engine started complainant compelled to keep the vehicle for service. Urging due to deficiency of service provided by opposite party resulting in expenditure of Rs.1,00,000/ to complainant. Hence seeks refund of amount paid of Rs.84,426.86/ and compensation of Rs.2,00,000/.
II. The opposite party contend the bus was used as a city bus and such buses won’t last due to rough use beyond 6 years. The engine oil should have been changed after running the vehicle for every 16,000 Kms but as per job card maintained by opposite party on 10.3.2011 the complainant changed the engine oil and then till 25.8.2012 the complainant failed to change the oil. The complainant was specifically informed to change the oil periodically and the tune of the same period the complainant failed to maintain the vehicle and changing the oil regularly. The complainant is using the vehicle in a risk and in a negligent manner. There is no deficiency in service. Hence seeks dismissal.
2. In support of the above complainant Mr. Ashok B filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents not marked. On behalf of the opposite party Mr. Arun D’ Souza (RW1) Work Manager, Durga Motors also filed affidavit evidence and answered the interrogatories served on him and produced documents got marked as ExR1 to R5 detailed in the annexure here below.
III. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the other reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the
learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No. (i): Affirmative
Point No. (ii): Negative
Point No.(iii): As per the final order.
REASONS
IV. POINTS No. (i): The bus in question was used for plying as city bus and it was serviced with opposite party as mentioned in the complaint and the complainant had paid the charges is undisputed. The claim of complainant of deficiency in service is disputed by opposite party. Hence there is dispute between the parties as defined under C P Act. Hence we answer point No.1 in the affirmative.
POINTS No. (ii): Admittedly the vehicle was of 2005 manufacture and 9 years old. In this case to the interrogatories served on complainant no reply was furnished. Ex.R3 is the job card pertaining to the complainant vehicle it is dated 22.2.2013 and its endorsement of delivery of vehicle on 4.3.2013. And endorsement of receipt of Rs.81,250/- receipt of cash on 4.3.2013. Ex.R2 is gate pass pertaining to this complainant vehicle with gate pass No.22174 dated 24.2.2013 and Ex.R2 (a) gate pass No. 22182 on 22.2.2013. Thus it is clear after the vehicle was taken out on 24.2.2013 it was again taken out on 25.2.2013. But what are all repairs done on 25.2.2013 it was not made clear.
2. The opposite parties contention that the bus is run as a city bus as in such condition the bus will not lost beyond 6 years is not repudiated by the complainant. Further the contention of opposite party that the complainant was not changing the oil for every 16,000 Kms is also not controverted by complainant. As such the complainant have not answered these aspects and failed to establish that his vehicle was regularly being serviced and that he was changing the oil regularly after running the vehicle for every 16,000 kms. Hence we are of the view the complainant failed to establish deficiency in service while repairing his vehicle by opposite party. Hence we answer point No. 2 in the negative.
POINTS No. (iii): Wherefore the following order
ORDER
The complaint is dismissed.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 5 directly dictated by President to computer system to the Stenographer typed by her, revised and pronounced in the open court on this the 8th December 2016)
MEMBER PRESIDENT
(SRI. T.C. RAJASHEKAR) (SRI. VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Additional Bench, Mangalore Additional Bench, Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Ashok B
Documents marked on behalf of the Complainant:
Nil
Witnesses examined on behalf of the Opposite Party:
RW1: Mr. Arun D Souza, Work Manager, Durga Motors
Documents marked on behalf of the Opposite Party:
Ex.R1: Authorization letter issued by the opposite party
Ex.R2: 24.02.2013 and 25.02.2013 Gate pass book (No.22175 and No.22182)
Ex.R3: 22.02.2013 Original Job Card
Ex.R4: 17.04.2013 Original Job Card
Ex.R5: 02.07.2013 Original Job Card
Dated: 8.12.2016 PRESIDENT
