IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 28^th    day of  February 2014

Filed on 24..08.2012

Present

1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier  (Member)
3. Smt. Jasmine D  (Member)

in

C.C.No.287/2012

between

Complainant:-                                                                     Opposite Parties:-

1. Sri.Jacob Varghese                                           1.         Local Manager  

Venmelil Valiyaparambu                                            St.Josephs High School

 Chekkidikkadu P.O.                                                    Punnapra P.O., Alappuzha

Thakazhy, Alappuzha                                                   

(Adv.Vinod Varghese)

                                                                                    2.         Secretary

                                                                                          St.Josephs High School

                                                                                    Punnapra P.O., Alappuzha

            (By Adv.P.T.Joseph for Opposite

              Parties)

O R D E R

SMT.ELIZABETH GEORGE (PRESIDENT)

The case of the complainant is as follows:

On 13.07.2012 the complainant went to I.M.S. Retreat Centre for night prayers in his motor bike No.KL-04-7262.  He Parked the vehicle in the opposite parties place by paying Rs.5/- towards the parking fee.  He entrusted the vehicle to employees of the opposite party.  They issued a receipt for the same.  Thereafter the complainant went for the prayer.  When he returned on 4 a.m. on the next day he found that his bike was stolen.  The opposite party had received the amount for keeping the bike. He hired the service of opposite parties by paying Rs.5/-.  The complainant then made complaint to the opposite parties, but there was no result. Moreover, he was insulted by the opposite parties.  Hence the complaint is filed.

2. The version of the Opposite party is as follows:

There are so many believers coming from different places by different vehicles.  They are allowed park their vehicles at owners’ risk.  Pass will be provided between 5 pm to 9 pm.  Nobody is appointed by the opposite parties for keeping the vehicle.  Complainant has no right to claim any amount from the opposite parties. There is no contract between the complainant and the opposite party for the safe parking of the motor bike.  There is no negligence from the part of the opposite party. 

3. Complainant was examined as PW1.  Documents produced were marked as Exts.A1 to A3.  Opposite parties have no oral evidence or documentary evidence.

4. The points for consideration are:-

1) Whether there is any deficiency in service on the part of the opposite parties?

2)  If so, the relief and cost?

5. It is an admitted fact that the complainant has parked the vehicle in the opposite parties compound after paying parking fee as evidence from Ext.A1. It has come out in evidence that there is an FIR registered which is marked as Ext.A2 with respect to the alleged theft.  No evidence is adduced with reference to the fate of the vehicle, whether it was lost irrecoverably or untraceable.  No final report is produced by the police in this regard.  Parking space is provided for the convenient parking of vehicle at the choice of the vehicle owner. There is no entrustment of the vehicle with the parking space owner only the parking space is used at owner’s risk. Only a paltry amount is levied as parking fee and it is highly irrational to claim the value of the vehicle from the parking space owner when the vehicle is admittedly stolen from the parking space provided by the opposite party, there is prima facie negligence from the part of the opposite party.  As stated above, it may not be just and proper to direct the opposite party to pay value of the vehicle as compensation.  Moreover, in the instant case, the value of the vehicle is also not proved.

In the circumstances stated above, this Forum is of the opinion that since there is prima facie negligence from the part of the opposite party, it will be just and proper to award a penalty to the opposite party by directing the 1^st opposite party to pay an amount of Rs.7,000/- towards compensation and cost of Rs.1,000/- to the complainant.

Dictated to the Confidential Assistant, transcribed by him, corrected by me and pronounced in Open Forum on this the 28^th day of  February, 2014.

Sd/- Smt. Elizabeth George (President)

Sd/- Sri.  Antony Xavier  (Member)

                                                             Sd/- Smt. Jasmine D  (Member)

Appendix:-

Evidence of the complainant:- 

PW1 -   Sri.Jacob Varghese (Witness)

Ext.A1 – Vehicle Pass bearing Sl.No.A1279 dtd. 13.07.12 for Rs.5/-.

Ext.A2 – Registration of vehicle

Ext.A3 – Registered FIR

Evidence of the opposite parties:- Nil

Pg./-                                                                           

//True Copy//

By Order

                                                                                                            Senior Superintendent  

To

            Complainant/Opposite parties/SF

            Typed by: Pg/- 

            Compared by:-