IN THECONSUMER  DISPUTES  REDRESSAL  COMMISSION,  KOLLAM

DATED THIS THE   30^th DAYOF SEPTEMBER 2021

Present: –          Sri.E.M.Muhammed Ibrahim, B.A, LLM. President

                           Smt.S.Sandhya   Rani. Bsc, LLB ,Member

CC.No.217/2019

Biju Mathew,

Mamparampil, Pidavoor P.O.,

PathanapuramTaluk,                                             :           Complainant

Kollam

V/S

Manager,

United Motors, Yamaha,

Kuryodu Building,

Kallumkadavu, Pathanapuram,

Kollam.                                                                      :          Opposite party

ORDER

Smt.Sandhya Rani, B.SC, LLB, Member

This is a case based on a consumer complaint filed U/s 12 of the Consumer Protection Act 1986.

The averments in the complaint in short are as follows:-

Complainant has purchased a Fascino-Grey Yamaha Scooter No.KL-25-M-8554 from opposite party on 01.4.2019 for Rs.74,000/-.  Thereafter on 25.05.2019 when he approached opposite party for availing the free servicing facility within the warranty period the opposite party has charged Rs.55/- as labour work charge which is against the existing warranty conditions.  By taking labour work charge during free service within the warranty period the opposite party has committed unfair trade practice and which is against consumer protection right available to the complainant.  The act of  levying labour work charge by the opposite party created mental agony and hardship to the complainant.  Compensation in terms of money will never be equivalent otherwise  is beyond mental agony and pain which is caused to the complainant.  So the complainant is claiming Rs.5,000/- as compensation and refund of Rs.55/- being labour work charge received from him and also Rs.2,000/- as costs of the proceedings.  Hence the complaint.

Though the notice was served on opposite party he had neither appeared before the Commission nor filed any version.  Hence he was set exparte.

The complainant who himself has conducted the case but absent on hearing date.  Hence taken up for orders.

Complainant has filed affidavit by reiterating the averments in the complaint.  Ext.A1 is the receipt for Rs.71500/- dated 01.04.2019 issued by Yamaha United Motors, Kuriyode Building, Kallumkadavu, Pathanapuram.  Ext.A2 retail invoice cash credit dated 25.05.2019 for Rs.370/- issued by United Motors, Panchayat Junction, Pathanapuram. It is clear from Ext.A2 that the opposite party has charged Rs.55/- as labour charge from the complainant and the invoice amount of Rs.370/- is inclusive of the said labour charge.The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish the case of the complainant.  In view of the materials available on record it is clear that there is deficiency in service and unfair trade practice on the part of the opposite party which resulted in sustaining mental agony apart from monitory loss. Therefore the complainant is entitled to get refunded the amount Rs.55/- also get compensation for the mental agony  and costs of the proceedings from the opposite party.

In the result complaint stands allowed in the following terms.

1. Directing opposite party to refund Rs.55/- to the complainant along with interest at the rate of 6% per annum from the date of complaint till realization.
2. The opposite party isdirected to pay Rs.3,000/- as compensation and Rs.2000/- as costs of the proceedings.

3. Opposite party isdirected to comply with the above directions within 45 days from the date of receipt of a copy of this order failing which the complainant is entitled to realizeRs.5055/- along with interest at the rate of 9 % per annum except for costs from the date of complaint till realization from opposite party and its assets.

Dictated to the Confidential Assistant  Smt. Minimol.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 30^th day of  September 2021.                                      

                          S.SANDHYA RANI:Sd/-

                                                                                                      E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                                        Forwarded/By Order

                                                                                                       Senior Superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

             Ext.A1    : Receipt for Rs.71500/- dated 01.04.2019 issued by Yamaha United Motors,

                     Kuriyode Building, Kallumkadavu, Pathanapuram

Ext.A2     : Retail invoice cash credit dated 25.05.2019 for Rs.370/- issued by United Motors, Panchayat Junction,                                               Pathanapuram.

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil