Kerala

Thiruvananthapuram

CC/19/2

Pramod K - Complainant(s)

Versus

Harry Ford - Opp.Party(s)

15 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

     SRI.P.V.JAYARAJAN           : PRESIDENT

  SMT.PREETHA G NAIR       : MEMBER

                                                                             SRI.VIJU.V.R                      : MEMBER

 

CC.NO.02/19 (Filed on : 01.01.2019)
ORDER DATED : 15.12.2021

 

COMPLAINANT

        Pramod.K,

        “Krishendu”,

        Menamkulam,

        Kazhakkuttam.P.O

        Thiruvananthapuram

        Pin – 695582

 

        (Party in person)

                                                        VS

 

OPPOSITE PARTY

 

        The Manager,

        Hari Ford,

        Authorised Ford Dealer,

        Pothen Cards Pvt Ltd,

        Opposite Market Junction,

        Kuravankonam, Kowdiar,

        Thiruvananthapuram – 695 003

                ( Ex parte )

                                ORDER

SRI.P.V.JAYARAJAN : PRESIDENT

             This is a complaint filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

                        2.     The case of the complainant in short is that he is the owner of the vehicle bearing Reg.No.KL 01 BN 880 and he used to get the service from the opposite party authorised service centre. On 10.11.2018 while he was driving his above referred car, it has got a starting trouble and when the complainant telephoned the opposite party, the mechanics of opposite party came to the spot and necessary repairs were done for which the complainant paid Rs.350/ as service charge.  Subsequently again the very same starting problem persisted and as instructed by the opposite party, the vehicle was taken to the service centre of the opposite party and the opposite party told that an estimated expense of Rs.2000/- is required for rectifying the problem. When the complainant subsequently contacted the opposite party, at the first instance the opposite party told that it requires Rs.8000/- and after two days the opposite party claimed Rs.26,000/- being the repairing charges. When the complainant went to the service centre after one week, he saw that his vehicle was dismantled and no work was seen done by the opposite party. Hence the complainant took the vehicle from the service centre of the opposite party and the same was brought to another service station namely Ani Electricals at Injakkal. On inspection of the vehicle by the mechanics of Ani Electricals it was found that some of the parts of the vehicle such as PCM, METER BOARD, ABS Unit (breaking system) were removed and the complainant by replacing second hand spare parts from the Ani Electricals, made the vehicle in a running condition.  Alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing his grievances.

                  3.   After admitting the complaint notice was issued to the opposite party. Though the opposite party accepted the notice, failed to appear before this Commission on the date fixed for his appearance or on subsequent dates and hence on 12.06.2019, the opposite party was declared exparte. The complainant filed an application to appoint an expert commissioner to examine the vehicle and the same was allowed and the expert commissioner has filed a report also as per the direction of this Commission.

                  4.   The evidence in this case consists of PW1- the complainant and Exts.P1 to P3 series on the side of the complainant and the expert report is also marked as Ext.C1.

Points to be considered:-

1.         Whether there is any deficiency in service and unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitled for the relief claimed?
3. Order as to cost?

           5.  Heard. Perused records. To Substantiate the case of the complainant, the complainant himself sworn an affidavit and Exts.P1 to P3 series and Ext.C1 were marked. The document Ext.P1 is copy of the tax invoice. Ext.P2 is the copy of bill from Harry Ford, Pothen Cars Pvt Ltd. Ext.P3 series are the copy of the photos of the damaged parts of the car. To prove the case of the complainant the complainant also filed an application for appointing an expert commissioner and the expert commissioner appointed by this Commission has filed Ext.C1 report. According to Ext.C1 report the PCM is the most important and electrical part of electrical engine management system of the new generation engines. Damage or replacement of the PCM is a very very very rare service issue. Most of the cases the software in the PCM may malfunction or get corrupted, which can be solved by the reprogramming the PCM. In this case such attempt is not witnessed from the service centre though a pending DTC showed “Faulty or damaged PCM”. By filing affidavit as PW1 and producing Ext.P1 to P3 series documents and the observations of the expert commissioner in Ext.C1 report are sufficient to establish the case put forward by the complainant against the opposite party. As the opposite party not entered appearance and filed version or adduced oral or documentary evidence, the evidence adduced by the complainant stands unshaken and unchallenged. In the above circumstances we accept the evidence adduced by the complainant in the absence of any contra evidence on the side of the opposite party. We find that there is deficiency in service and unfair trade practice on the part of the opposite party, by which the complainant has suffered mental agony and financial loss. We find that the opposite party is liable to compensate the complainant for the mental agony and financial loss sustained by the complainant due to the deficiency in service and unfair trade practice on the part of the opposite party.

               In the result, the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) as compensation to the complainant along with Rs.2500/-(Rupees two thousand five hundred only) being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry interest at the rate of 9% per annum from the date of order till the date of remittance or realisation.

                      A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

             Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in the Open Commission, this the 15^th day of December 2021.

                                                                                                                                                    Sd/-

                                                                                                                            P.V.JAYARAJAN:      PRESIDENT

 

                                                                                                                                                             Sd/-                                                                                

PREETHA G NAIR       :  MEMBER

 

                                                                                                                                                                                      Sd/-

VIJU.V.R   : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

 

 

 

APPENDIX

CC.NO.02/2019

 

Witness for the complainant

 

PW1                               - Pramod.K.

 

Exhibits for the complainant

 

Ext.P1                            -        Copy of the tax invoice dated

                                         06.04.2018.

 

Ext.P2                      -       Copy of the bill from HarryFord, Pothen Cars Pvt Ltd, Kurvankonam, Thiruvananthapuram dated 10.11.2018.

 

Ext.P3                      -       Copy of the photos of the damaged

Parts of the car.      

 

Witness for the opposite party - NIL

 

Exhibits for the opposite party  - NIL

 

Court Exhibits                            

Ext.C1                                             - Commission Report

 

 

 

•  

                                                                PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

 VAZHUTHACADU

 THIRUVANANTHAPURAM

 

CC.NO.02/19

ORDER DATED : 15.12.2021