By Smt. E. Ayishakutty, Member,<br /> <br /> <br /> 1. Complainant is possessor of a Maruthi Car bearing Registration No. KEZ-3315 1985 Model. Complainant entrusted the vehicle from repair and painting with opposite party, in April, 2003. The estimated amount for the repair and painting was Rs.6,000/-. Complainant had paid Rs.5,000/- and promised to pay the balance amount Rs.1,000/- at the time of delivery of the vehicle after repair and painting. Opposite party promised to deliver the vehicle within two months. But opposite party has not repaired and painted the vehicle and not delivered it till this date. Hence this complaint.<br /> <br /> 2. Complainant alleges deficiency in the part of opposite party. He prays to direct opposite party to give him Rs.2,320/- (Rupees Two thousand three hundred and twenty only) as tax paid by him Rs.1,100/- as the insurance premium and also Rs.20,000/- towards compensation and cost of Rs.2,000/- (Rupees Two thousand only).<br /> <br /> 3. Opposite party filed version. He admits that complainant had entrusted him the vehicle KEZ-3315 for repair and painting on 13-12-02. He states that on 13-12-02 complainant entrusted the vehicle KEZ-3315 1985 Model Maruti Car for some mechanical and body work and also for painting. Opposite party estimated the amount of Rs.10,980/- as expense for this work. Complainant accept the estimate and give Rs.1,000/- (Rupees one thousand only) as advance for the works. Opposite party purchased spare parts paint and other items for the work and completed all the works entrusted him by the complainant within 27-02-2003 as promised. Complainant came to the garage of opposite party inspected the vehicle KEZ-3315 and has satisfied the work. He told to the opposite party that he has made arrangements to sell the vehicle and a party will come to opposite party's workshop to purchase it. Complainant brought three persons to show the vehicle for sale. Meanwhile complainant purchased another vehicle KL-10 S 1363 Maruthi car and then the complainant has not come to opposite party at all. Opposite party continuously contacted him to take out the vehicle from opposite party's workshop by paying the bill amount. But complainant has neither taken the vehicle nor pay the bill till this day.<br /> <br /> 4. Opposite party requested to direct the complainant to give him Rs.8,910/- as charges of repair and painting of the vehicle KEZ 3315 and Rs.5,600/- as rent for keeping the vehicle in his garage from 2003 onwards.<br /> <br /> 5. Complainant filed affidavit and documents as evidence. Ext.A1 to A5 marked on the side of him. Affidavit and documents filed by opposite party also. Ext.B1 to B4 marked on behalf of him.<br /> <br /> 6. Ext.A1 is photo copy of registration certificate of KEZ 3315. Ext.A2 is photo copy of Insurance Policy schedule. Ext.A3 is the tax receipt and Ext.A4 is the carbon copy of an agreement made by the complainant and one Saleem.<br /> <br /> 7. Complainant filed an I.A. On August, 2008 to appoint an expert to inspect the alleged vehicle. The vehicle is kept in the garage after repair and painting on February, 2003 itself. This I.A. Is filed only on August, 2008. So no purpose will be served by the inspection of the vehicle after a long gap. It will not help to avail the fact and position of the matter in 2002 and the petition was therefore dismissed.<br /> <br /> 8. The main allegation of the complainant is that opposite party has not delivered the vehicle after repair and painting and it caused to him heavy monetary loss by way of availing taxi for travelling and the payment of tax and insurance premium. Opposite party states that they completed all the work entrusted them within the agreed time. He has prepared the bill of Rs.8,500/- the charges of repair and painting work and make arrangements to deliver the vehicle to the complainant on 27-02-2003 itself. Complainant alleges that it is the burden of opposite party to inform the complainant about the work completed. Opposite party states they continuously contacted the complainant to take out the vehicle by paying their bill. Ext.B4 the original bill book produced by opposite party shows that they completed the repair and painting of the vehicle KEZ 3315 on 27-02-2003 itself. It is the burden of complainant also to enquire the work is completed or not. But he has not taken any steps to take out the vehicle from opposite party. He states that he had paid Rs.5,000/- as repair charge to opposite party. But he has not adduced any evidence to prove it. In the affidavit also opposite party affirmed that they had completed the works of repair and painting of the vehicle KEZ 3315 within time as agreed before.<br /> <br /> 9. From the above discussions the Forum come to the conclusion that there is no deficiency on the part of opposite party and therefore the complainant has not entitled to get any monetary relief from opposite party. Complainant can take out the vehicle Registration No.KEZ 3315 from opposite party's garage and opposite party has to give permission to take the vehicle without paying any amount.<br /> <br /> 10. In the result the complaint dismissed. No order as to costs.<br /> <br /> Dated this 13th day of November, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> MOHAMMED MUSTAFA KOOTHRADAN, Sd/-<br /> MEMBER E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1 : Photo copy of Registration Certificate of KEZ 3315.<br /> Ext.A2 : Photo copy of Insurance Policy schedule.<br /> Ext.A3 : Photo copy of Tax receipt.<br /> Ext.A4 : Pollution Certificate dated, 08-01-2003.<br /> Ext.A5 : Carbon copy of an agreement dated, 03-9-2002 made by <br /> complainant and one Saleem.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B4<br /> Ext.B1 : Bill Book.<br /> Ext.B2 : Quotation dated, 03-01-03 for Rs.1,410/- from Hindustan Automobiles,<br /> Kozhikkode.<br /> Ext.B3(series) : Cash bill dated, 28-01-2003 from Rahman Traders, Chemmad.<br /> Ext.B4 : Bill Book.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> MOHAMMED MUSTAFA KOOTHRADAN, Sd/-<br /> MEMBER E. AYISHAKUTTY, MEMBER<br />