Kerala

Kozhikode

CC/08/23

MARY PHILIP,KANNANCHIRA - Complainant(s)

Versus

MARIKAR MOTORS LTD - Opp.Party(s)

31 Oct 2008

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/23

MARY PHILIP,KANNANCHIRA
...........Appellant(s)

Vs.

MARIKAR MOTORS LTD
...........Respondent(s)


BEFORE:
1. G YADUNADHAN2. JAYASREE KALLAT3. K.V.SREENIVASAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By G. Yadunadhan, President: The case of the complainant is that on 30.1.2006, the complainant purchased crown wheel and pinion for her Ambassador car together with other spare parts as per Bill No. SBCO 1436 by paying an amount of Rs.2218/- from the Opposite party. At the time of purchase of these parts, opposite party assured that the expected life time of crown and pinion are10,000 kms. By believing the words of the opposite party, complainant purchased those items from opposite party and on the same day the parts were fitted from their workshop “Markar Industry Automobile Work shop”. After running about 500 kms. on 24.2.2006 midnight the car got damaged at Manjeri. This was informed to opposite party through phone then and there itself and the reply from the opposite party was to bring the car to their workshop. With the assistance of crane the vehicle was towed from Manjeri to Thiruvambadi on 24.2.2008 and on 25.2.2008 the vehicle was again towed down from Thiruvambady to opposite party’s workshop, which caused an expense of Rs.2,000/-. Opposite party assured that the crown and pinion will be replaced free of cost, but they insisted to pay an amount of Rs.1645/-. Hence the complainant prays to direct the opposite party to pay an amount of Rs.3645/- towards the loss sustained to the complainant and a compensation of Rs.5000/- with costs. After duly serving notice, opposite party called absent and set exparte. Complainant fled affidavit and Exts. A1 to A5 were marked on the side of the complainant. From the affidavit and Exts. A1 to A5 complainant’s case is proved. In the result the petition is allowed and the opposite party is directed to pay an amount of Rs.3645/- and also to pay a compensation of Rs.5000/-. Payment shall be made within one month. Pronounced in open Court this the 30th day of October 2008. Sd/-President. Sd/-Member. Sd/-Member. APPENDIX Documents exhibited for the Complainant: A1 Photocopy of Bill issued by O.P. for Rs.2218/- A2 Photocopy of bill No.401 dated 25.2.06 for Rs.2000/-. A3 Photocopy of Bill issued by O.P. for Rs.1645/-. A4 Photocopy of lawyer notice. A5 Photocopy of reply to Ext.A4 lawyer notice. Documents exhibited for the opposite party: Nil. -/True copt/- Sd/-President (Forwarded/by Order) Senior Superintendent.




......................G YADUNADHAN
......................JAYASREE KALLAT
......................K.V.SREENIVASAN