Kerala

Kollam

CC/08/106

M.Vasudevan Pillai, Ambattu House, Kaloor Junction, Pattazhy.P.O., Kottarakkara - Complainant(s)

Versus

Manager, Hilton Hyundai and Other - Opp.Party(s)

28 Aug 2008

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/08/106

M.Vasudevan Pillai, Ambattu House, Kaloor Junction, Pattazhy.P.O., Kottarakkara
...........Appellant(s)

Vs.

Manager, Hilton Hyundai and Other
Manager, New Excel Agencies
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN : 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 complaint is filed for getting an order directing opposite parties to check the Santro Car Reg.No.KL-25-5759 and make it trouble free and for getting compensation of Rs.20,000/-. The avernments in the complaint can be briefly summarized as follows: The Complainant has purchased a new Santro Car Reg. No. KL25-5759 in his wife’s name on 02/06/07 from Hilton Hyundai, Thattamala, Kollam. The Battery which was fitted in the car got discharged 4 times within one year and within the warranty period. As the Complainant reported the matter, Excel agency, the authorized Exide Battery dealer recharged it with payment. On 28th April 2008 when the Battery got down for the fourth time they sent the Battery to the Exide Battery Company, Ernakulam. In the meantime, on request of the Complainant the electric circuit in the car was checked by S.S. Automobiles, the authorized Hyundai Service Centre, but could not find any fault. After a week the battery got back with a note “Battery OK and return”. But the trouble was not cured. The Complainant reported the matter to the 1st opposite party twice but they also expressed their inability. The 1st opposite party said that they cannot know any thing about the mechanical defect in the car. The Complainant wasted time and money but the problem remained still. Hence the Complainant has filed the complaint for getting relief. The opposite parties remained absent. Hence they were set exparte. The Complainant filed affidavit. Exhibits P1 to P5 were marked. The Complainant was examined as Pw1. The points that would arise for consideration are. 1.Whether there is any deficiency in service on the part of opposite party. 2.Compensation and cost. As the opposite parties remained absent we are constrained to relay upon the evidence adduced by the complainant. The complainant could prove his case through the complaint, affidavit and exhibits. On perusal of documents we find that there is deficiency in service on the part of opposite parties. Points found accordingly. Hence the complaint is allowed. The opposite party is directed to check the vehicle and make it trouble free and to pay Rs.5000/- as compensation. The order is to be complied with within one month of the date of receipt of the order. Dated this the 28th August, 2008 INDEX List of witness for the complaint PW1 : Vasudevan Pillai Ext. P1: Letter dated 30/04/08 Ext. P2 : Certificate of Registration (Copy) Ext. P3: Vehicle Record Sheet (Copy) Ext. P4: Receipt 29/04/08 Ext. P5: Delivery Chalan Dated this the 28th day of August, 2008.




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