y Sri. MOHANDASAN.K, PRESIDENT
1.The complaint in short is as follows: -
The complainant is the registered owner in possession of vehicle No. KL-65-C-
1047, 2013 model (T.V.S Appachi RTR 160 CC). The complainant entrusted the said vehicle before the opposite party on 09/05/2020 for the repair work. The opposite party had agreed to give back the vehicle within one month after due service. But the opposite party did not give back the vehicle and no information was given to the complainant. Then the complainant contacted the opposite party and then it was agreed to give back vehicle within one month. But after one week also the opposite party did not give back vehicle. Thereafter the complainant made contact through telephone but he could not succeed. Then the complainant directly approached the opposite party and then it was told due to non availability of spare parts they could not repair the work. The opposite party had not stated to the complainant about the scarcity of spare parts for the repair work at the time of entrusting the vehicle. The opposite party kept the vehicle for 3 months in a roofless open space. The vehicle was lying under sun and rain and it has affected the vehicle. At last, the opposite party give back the vehicle on 29/09/2020 and that too without finishing the entire repair work. There were still defects to the vehicle. The opposite party did not issue relevant bills to the complainant and so there is some delay in filing this complaint. The approach of the opposite party amounts deficiency in service and which resulted defects to the vehicle also. Hence the prayer of the complainant is to pay compensation of Rs. 1,00,000/-on account of financial loss and to pay Rs.25,000/- as on account of mental agony and difficulties. The complainant also prayed for the cost of the proceedings.
2. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed version.
3. The opposite party denied the entire allegations in the complaint and submitted that the complaint is not entitled any relief as prayed.
4. The opposite party submitted that the complainant has not entrusted the said vehicle to the opposite party. The statement that the opposite party had agreed to give back the vehicle within one month is also not correct. The opposite party submitted that even after one month there was no information to the complainant, the complainant contacted the opposite party, the opposite party assured to give back the vehicle within one month, the complainant contacted the opposite party and the opposite party did not attend the telephone call etc are false and so the opposite party denied. The complainant never contacted the opposite party either over phone or directly. So the statements that the complainant approached the service centre directly and each occasion the opposite party stated lay excuses are in correct. The complainant submits that Mr. Ramshad S/o complainant brought the vehicle before the opposite party for repairing. There were so many defects to the vehicle including technical, physical and engine complaints. Due to covid pandemic the opposite party show room was just started to function in accordance with covid protocol. Hence the complainant’s son had informed that there is only half of the labour force is available in the show room and due to shut down the show room for last two months and so many works are pending and due to covid reason. The opposite party has to place orders for spare parts and only on availing spare parts work can be done. The vehicle was entrusted realising the above facts. Thereafter the vehicle was repaired duly and given back during the month September 2020. Meanwhile Mr.Ramshad had sent a complaint to the head office and realising the reason for delay was being non availability of spare parts, the complainant had given satisfaction letter to the company.
5. While the vehicle delivered to the complainant on 29/09/2020, the complainant was not having the cash to pay the entire bill amount. The vehicle released to the complainant on assurance of service manager Edwin.E.D and chief technician Mr.Jaykumar. The complaint was not given the balance amount to the said persons to thereafter. Thereafter on 12/01/2021 after covering 4000 kilometre, the father of complainant’s wife Mr. Sakaria brought the vehicle again to the service centre. At that time there was no complaint raised against the vehicle. On that occasion raised the issue of balance amount and then it was told Mr.Ramshad is not in the station. Thereafter Mr.Edwin and Jayakumar contacted Mr.Ramshad but he evaded the payment. At last Mr.Edwin and Jayakumar approached Tirur Police and then an amount of Rs. 7,000/- was transferred from the account of the wife of Mr.Ramshad towards the balance amount. Mr.Ramshad had agreed to pay the balance amount through two instalments. The present complaint filed only to escape from the payment of balance amount.
6. The allegation that due to laying the vehicle in open place for the last three months caused strength of the vehicle adversely is false statement. The vehicle was not kept in an open place as alleged. There was no defects caused to the vehicle and that is the reason for not producing any document to that effect by the complainant. The complainant brought the vehicle again for service after covering 4000 kilometres reveals that there was no as such complaint. The present complaint is after one year of the delivery of the vehicle. Hence the opposite party submitted that the vehicle was given back to the complainant after duly completing the entire repair work and only to evade the payment of balance amount the present complaint filed before the Commission. There is no basis for the claim amount and the complaint is not entitled for any relief as prayed in the complaint and the complaint deserves dismissal with cost to the opposite party.
7. The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ext.A1 toA4. The documents on the side of opposite party marked as Ext. B1 to B4. Ext.A1 is copy of acknowledgement for entrustment of vehicle to the service centre dated 09/05/2020. Ext. A2 is the photos of the vehicle. Ext. A3 is copy of tax invoice for Rs. 7,700/-dated 28/09/2020. Ext.A4 is tax invoice issued from the opposite party for Rs.21,572/- dated 28/09/2020. Ext. B1 is copy of job card issued by the opposite party to the complainant dated 29/09/2020 stating revised estimated cost Rs. 33,000/-. Ext. B2 is the copy of satisfaction letter dated 24/08/2020. Ext. B3 is copy of job card nil dated. Ext.B4 is the copy of Account statement ICICI Bank/summary of accounts as on 30/09/2021.
8. Heard the complainant and opposite party. Perused affidavits and documents. Both sides filed argument notes. The following points arise for consideration:-
Whether there is deficiency in service on the part of the opposite party.
Relief and cost.
9.Point No.1 and 2: -
The grievance of the complainant is that the complainant entrusted vehicle
to the opposite party for repair work and the opposite party had agreed to give back the vehicle within one month. But the opposite party delivered back the vehicle only after three months and the vehicle was kept in open place under the sun and rain and so the vehicle became defective. The complainant produced Ext. A1 to A4 documents to prove his case. The opposite party did not dispute entrustment of the vehicle for the repair work. So the document Ext. A1 is not relevant. The opposite party contented that the complainant was not the person who entrusted vehicle with the opposite party. The Commission is not considering that aspect who entrusted the vehicle with the opposite party since it is not relevant issue in dispute. The complainant produced Ext. A2 to show the defects of the vehicle. But the perusal of the same will not reveal the defects contended by the complainant. The Ext. A2 even does not reveal whether the photograph related to the disputed vehicle or not. Ext. A3 and A4 are not disputing the same since it is repair cost of the vehicle. Now the opposite party has got a case that the vehicle was entrusted during the covid pandemic period and they had informed the complainant regarding the shortage of workers and non-availability of spare parts to the complainant. Moreover the opposite party submitted that the complainant produced vehicle again before the opposite party for repairing after covering 4000 kilometres. The opposite party submit that the complainant had not revealed any sort of complaint during that occasion. Further the opposite party submit that the complainant took back the vehicle after repair work even without payment of entire bill amount. The opposite party produced Ext. B4 to show the payment of bill amount on a later day from the account of one Shefnidha. Moreover opposite party produced Ext. B2 satisfaction letter signed and delivered by the customer with respect to the vehicle on 24/08/2020. So the perusal of documents and averments of the opposite party is more reliable comparing to the case of the complainant. The complainant could not establish the defect of the vehicle as well as deficiency in service on the part of the opposite party and so the complaint stands dismissed.
Dated this 10th day of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext. A1 : Copy of acknowledgement for entrustment of vehicle to the service centre
dated 09/05/2020.
Ext. A2 : Photos of the vehicle.
Ext. A3 : Copy of tax invoice for Rs. 7,700/-dated 28/09/2020.
Ext.A 4: Tax invoice issued from the opposite party for Rs.21,572/- dated 28/9/2020. Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B4
Ext. B1 : Copy of job card issued by the opposite party to the complainant dated
29/09/2020 stating revised estimated cost Rs. 33,000/-.
Ext. B2 : Copy of satisfaction letter dated 24/08/2020.
Ext. B3 : Copy of job card nil dated.
Ext.B4 : Copy of Account statement ICICI Bank/summary of accounts as on
30/09/2021.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
