By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Parties under section 12 of the Consumer Protection Act 1986.

2. The complaint in brief is as follows:- The Complainant is the purchaser of a motor cycle No.KL 12E 5126 from the 1^st Opposite Party. This two wheeler was purchased under finance of the Muthoot services. The vehicle when used by the Complainant's Son it met with an accident and the 2 wheeler sustained damages. The Complainant entrusted the vehicle to the 2^nd Opposite Party to repair. At the time of entrusting the vehicle to the 2^nd Opposite Party it was assured that the complaints of the vehicle would be repaired and 70% to 80% of the repairing charge would be met by the Insurance Company with whom the vehicle was insured. At the time of entrusting the vehicle to the 2^nd Opposite Party a receipt was given endorsing an estimate cost of Rs.16,000/-. The Complainant several times contacted the Opposite Party to give back the vehicle after repair. The Opposite Parties are not ready to give back the repaired vehicle and Complainant had to face so many losses in the absence of delivering the vehicle to the Complainant. The vehicle was purchased to met the business purposes of her son. The lawyer notice sent to the Opposite parties are also unresponded the two wheeler entrusted to the Opposite Parties are left abandoned in the Opposite Parties work shop for rain and sun light. The Complainant had to remit the monthly instalments during this period to the financier. There may be an order directing the Opposite Parties to give back the repaired vehicle as termed in the job card. The Complainant is to be compensated with Rs.17,250/- for the loss and hardships cost to the Complainant.

3. The Opposite Parties are declared exparte.

4. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

5. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant, Exts A1 and A2 series are the documents. The estimated cost of the repair charges as per Ext.A1 series is Rs.16,000/-. The Opposite Parties were informed to give back the vehicle after repair and notices were also sent to the Opposite Party. No adverse inferences are brought out against the Complainant it is to be relied on the documents produced by the Complainant. The Opposite Parties are directed to give back the vehicle after repair on payment of the required charge. It is not brought out from the documents produced when the vehicle was entrusted to the Opposite Party for repair. Any how the accident took place as affirmed by the Complainant that it was on 27.12.2010. The act of the Opposite Parties not giving back the vehicle after repair on repeated demands of the Complainant is against reasons and justification it is to be compensated with cost.

In the result, the complaint is partly allowed. The Opposite Parties are directed to give back the vehicle after repair on the receipt of the repairing charges along with Rs.3,000/- towards cost and compensation. This is to be complied by the Opposite Parties within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 30^th June 2011.

Date of filing:18.04.2011.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Acknowledgment.

A2 series. Copy of Lawyer Notice and Acknowledgment.

Exhibits for the Opposite Parties:

Nil.