O R D E R

Sri. George Baby (President):

This complaint is filed under section 12 of the Consumer Protection Act 1986 for getting the reliefs from the opposite party.

                    2. That the complainant’s case in brief as follows:  The complainant is the registered owner of a passenger car bearing Registration No. KL-28-D-1877 which is manufactured by Toyota Company under the model named ‘Yaris’. It is a petrol engine car on18/08/2019 the complainant had taken the vehicle to the opposite party’s fuel station for the purpose of filling petrol.  When the complainant opened the fuel tank one of the staff of the opposite party named Mr. Joseph filled the fuel and after the payment the complainant left the station.  When the car run near about 10 kilometres then it abruptly stopped its functioning and the complainant’s all efforts to start the car turned futile.  There after the complainant informed the matter to the particular service centre and they come to the spot and their attempt start the vehicle was also in vain.  Subsequently the vehicle towed to authorised service station and found that the fuel filled was diesel instead of petrol.  The complainant had spentRs.17,278/- for the repairing.  The complainant contended that a sticker is conspicuously affixedin the fuel tank that the vehicle should be filled only with petrol.  The complainant’s specific contention is that such mishap was occurred only due to the negligent act of the employer of the opposite party.  The complainant further contended that the wrong filling of the fuel in the car will create adverse consequences in future and in that event he would spent about Rs. 10,000/- for the repairing.  The complainant had preferred a complaint against the opposite party before SHO, Koipuram, but that had not yield any positive result.  There after the complainant sent a legal notice on 12/09/2019 to the owner of the pump named Mr.V.V. Varghese.  The same was returned stating the reason addressee out of India.  The complainant stated that the opposite party has committed gross deficiency in service and because of that he suffered a lot both by way of mentally and monetary.  Hence the complaint.

3. This Forum entertained the complainant and issued notice to the opposite parties for their appearance.  Even though the opposite party had accepted the notice he did not come forwarded to content the matter and hence the opposite party declared ex-parte on 17/01/2020. 

4. In this case we have to consider the following issue.

1. Whether the complaint is allowable or not?
2. Regarding cost and relief?

5. In order to prove the caseof the complainant he had filed proof affidavit in lieu of his chief examination and the complainant is examined as PW1.  Exhibit A1 to A6 were marked in favour of PW1 at the time of his chief examination.  Exhibit A1 is the copy of RC particulars of the vehicle bearing Reg.No.KL-28-D-1877.  Exhibit A2 is the invoice dated:23/08/2019 in favour of the complainant for Rs. 17,278/- Exhibit A3 is the receipt dated: 29/08/2019 issued from the SH, Koipuram.  Exhibit A4 is the estimate dated:04/09/2019 in favour of the complainant.  Exhibit A5 is the copy of legal notice dated:12/09/2019 in the name of V.V. Varghese Essar fuels, Valiyanakuzhiyil fuels, Muttumon, Pullad, Kozhencherry.  Exhibit A6 is the returned legal notice.  After the closure of evidence we heard the complainant. 

6.Point No.1&2:- For the sake of convenience we would like to consider Point No.1&2 together.  The complainant as PW1 deposed more or less as per the pleadings of the complaint.  According to PW1, he is the owner of the car bearing Reg No. KL-28-D-1877, i.e., proved through exhibit A1.  The complainant’s specific contention is that, the complainant had filled the fuel from the opposite party’s petrol pump on 18/08/2019 but the employer of the opposite party had filled ‘Diesel’ instead of petrol to the tank thereby the vehicle abruptly stopped and the defects of the vehicle was cured through the authorised service centre and spent Rs. 17,278/- for the same and the same is proved through Exhibit A2.  The complainant averred that a sticker has affixed in the lid of the tank that the vehicle should be filled only petrol.  The diesel filling happened only due to the negligent act of the employee of the opposite party.  The complainant’s averment that he had tried his best to settle the matter amicably is proved through Exhibit A3, A5 and A6.  Even through the complainant had produced Exhibit A4 for the purpose of proving the fact that the vehicle needed future repairing cannot be taken in to account at this stage on the reason that Exhibit A4 is not properly proved through a competent person.  Mere marking of the document does not mean that all the contents of the document isadmitted.  In all other aspects we found that complainant has a strong case against the opposite party and the complainant has proved his case successfully.  None of the contentions were refuted by the opposite party and the opposite party remained ex-parte.  When we evaluate the evidence before us it can easily be inferred that the opposite party has committed clear deficiency in service and hence the complaint is allowable. Point No.1 and 2 found in favour of the complainant.

7. In the result we pass the following order.

1. The opposite party is directed to pay an amount of Rs. 17,278/-(Rupees Seventeen Thousand Two Hundred and Seventy Eight only) as the repairing charge of the vehicle to the complainant with 10% interest from the date of order onwards.
2. The opposite party is directed to pay a compensation of Rs. 10,000/- (Rupees Ten Thousand only) and cost of Rs. 3,000/- (Rupees Three Thousand only) to the complainant with 10% interest from the date of order onwards.

              Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29^thday of January, 2020.

(Sd/-)

                                                                                       George Baby,

                                                                                         (President)

Smt. N. ShajithaBeevi (Member-I)   :  (Sd/-)

Sri.NishadThankappan (Member-II):  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Jacob

Exhibits marked on the side of the complainant:

A1:Copy of RC particulars of the vehicle bearing Reg. No.KL.28.D.1877

A2: Invoice dated:23/08/2019 in favour of the complainant for Rs. 17,278/-

A3: Receipt dated: 29/08/2019 issued form the SH, Koipuram.

A4: Estimate dated:04/09/2019 in favour of the complainant.

A5: Copy of legal notice dated:12/09/2019 in the name of V.V. Varghese Essar

fuels, Valiyanakuzhiyil fuels, Muttumon, Pullad, Kozhencherry.

A6: Returned legal notice. 

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil

Copy to:- (1) Jacob. A.S,

Ayyankovil, Valakuzhi .P.O,

Vennikulam, Mallappally, Pathanamthitta.

               (2) The Proprietor,

EssarFuels(Valiyanakuzhiyil Fuels),

Muttumon, Pullad, Kozhencherry.

                 (3) The Stock File.