DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 26th day of February 2011
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing : 08/11/2010
(C.C.No.138/2010)
Yusaf,
Eradan Veedu
Karkidamkunnu
Mannarkkad - Complainant
(By Adv.M.Ranjith)
V/s
Jalil
S/o.Kunhan,
Puthur Veedu,
Jubilee Junction,
Kozhikode Road,
Perinthalmanna - Opposite party
O R D E R
By Smt. BHANUMATHI.A.K. MEMBER
The complainant is a School teacher who purchased a Yo speed bike on 24/2/2009 for his daily use from the opposite party which is situated at Jubilee Junction, Calicut Road, Perinthalmanna. The cost of the said vehicle is Rs.34,500/-. Even though the complainant has purchased the vehicle he can't use the same for a single day properly due to some troubles occurred to the vehicle. Due to the low quality of the battery the opposite party repaired it and then replaced. But the problems not solved. On 28/11/09 the complainant entrusted the vehicle with opposite party. But the opposite party had not given receipt to that aspect. Then without giving the vehicle back the opposite party had closed the shop. Opposite party did not follow the conditions stated in the owner's manual. The complainant says that the act of the opposite party amounts to deficiency of service on their part. So the complainant is seeking an order directing the opposite party to pay an amount of Rs.34,500/- as the cost of the vehicle, Rs.10,000/- as cost of the repairation and Rs.10,000/- as compensation for mental agony.
Opposite party set exparte. Complainant filed proof affidavit and Ext.A1 to A6 except A4 are marked.
Issues to be considered are
1.Whether there is any deficiency in service on the part of opposite
parties ?
2.If so, what is the relief and costs complainant is entitled to ?
The complainant alleging deficiency of service on the opposite party in not delivering the vehicle after effecting repair. The complainant purchased Yo Speed Bike costs Rs.34,500/- from the opposite party on 24/2/2009 for his daily use. But he can't use it for a single day due to some complaint occurred to its battery. Opposite party has repaired the battery and once replaced also. But again started troubles to the vehicle and complainant entrusted the vehicle with opposite party on 28/11/09 for repair. All these facts are supported by documentary evidence. Without giving back the vehicle to the complainant the opposite party had closed the shop. The opposite party has not entered appearance before the Forum. Hence the contention of the complainant stands unchallenged.
From the above discussions we are of the view that the act of opposite party amounts to deficiency of service in their part.
In the result complaint allowed. The opposite party is directed to pay complainant the cost of the vehicle i.e. Rs.34,500/- and Rs.2000/- as compensation and Rs.500/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of the order, failing which the complainant is entitled for whole amount with 9% interest from the date of order till realization.
Pronounced in the open court on this the 26th day of February 2011.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Quotation dated 24/2/09 issued by Auto Electric Bikes
Ext.A2 – Receipt dated 27/5/2009 issued by Auto Electric Bikes
Ext.A3 – Quotation dated 08/7/09 issued by Auto Electric Bikes
Ext.A5 – Original RC Book of vehicle No.KL-50-7293
Ext.A6 series – Lawyer notice by complainant's Advocate alongwith postal receipt and acknowledgment card
Cost allowed
Rs.500/- allowed as cost of proceedings
