Kerala

Kollam

CC/07/346

M.Vijayakumar,Ananda Nilayam,Kottankara,Chandanathoppu (po),Kollam - Complainant(s)

Versus

Jayakumar.K,Prprietor,Union Garrage,Near GOVT.High School,Keralapuram. - Opp.Party(s)

29 May 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
C.D.R.F. KOLLAM : CIVIL STATION - 691 013
consumer case(CC) No. CC/07/346

M.Vijayakumar,Ananda Nilayam,Kottankara,Chandanathoppu (po),Kollam
...........Appellant(s)

Vs.

Jayakumar.K,Prprietor,Union Garrage,Near GOVT.High School,Keralapuram.
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN ACHARY : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By R. VIJAYAKUMAR, Member The complainant filed this complaint to get compensation for delay and defects in repairing Fiat car and damages committed by the opp.party and cost. The averment in the complaint can be briefly summarized as follows: The Fiat Car with Reg.No.Kl01-C-5576 owned lby the complainant has given to the workshop namely Union Carriage, Keralapuram. Which was under the proprietor shi of opp.party. An advance amount of Rs.2,000/- paid to the opp.party. Opp.party failed to repair and give back the car in time. Complainant filed a petition in Kundara Police Station and only after this he could took back the possession of the car after repairs. Opp.party charged Rs.5700/- for repairing and it was paid by the complainant. The parties who were interest so to by the car were reframed. Horn of the car was replaced with a rotten sounded burn. The upholsteries were turn. The back door glass of the car was rattled. Hence the complainant filed this for getting relief. Opp.party remained absent. Hence was set exparte. Complainant filed affidavit. The points that would arise for consideration are: [1] Whether there is delay and deficiency in service on the part of the opp.party. [2] Reliefs and costs. As the opp.party remained absent we are constrained to relay upon the evidence adduce by the complainant. Complainant would prove his case through complaint and affidavit. Complainant was heard. We find that there is delay and deficiency in service on the part of opp.party. In the result the complaint is allowed. Opp.party is directed to pay Rs.3000/- for damages and Rs.1000/- for compensation and cost. The order is to be complied with within one month from the date of order. Dated this the 1st day of April, 2008.




......................K. VIJAYAKUMARAN ACHARY : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member