IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of April, 2010
Filed on 30.06.09
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.230/09
Between
Complainant:- Opposite Party:-
Sri.Amrutha Kumar.M (M.A.Kumar), Mr.M.Rijo, Proprietor,
Mathoor, Ponga, Kainakari, Thumpechirayil Motors,
Now residing at ‘Souparnika’, Pooppally Jn.,
32/2156A, P.J.Antoney Road, Nedumudi,
Mamangalam, Edappally, Kochi-24. Alappuzha District, Pin – 688 512.
(By Adv.H.Hamsa Rawther) (By Adv.C.S.Hemalal)
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
The complainant case is as follows: - The complainant is the registered owner of the Maruthi Alto Lxi bearing No. SK-02/A-1700. The said vehicle on 11th July 2008 met with an accident and was fully damaged. The complainant also sustained injury, and was undergoing treatment in KVM Hospital. While so, the opposite party approached the complainant and requested the complainant to get the complainant's vehicle repaired in the opposite party’s workshop. On his allurement and assurance, the complainant entrusted his damage vehicle to the opposite party. During the process of revamp, the opposite party got hold of a total amount of Rs.1,29,970/-(Rupees one lac twenty nine thousand nine hundred and seventy only) from the complainant over diverse occasions. Still, the opposite party did not patch up the vehicle up to the mark. The complainant entrusted the vehicle to the opposite party on 17th July 2008. The opposite party yet delivered the vehicle to the complainant after repair belatedly on expiry of 8 months. The parts of the vehicle were replaced obviously with inferior ones. The complainant even had to approach the police authorities to get the vehicle delivered to the complainant. Even thereafter, the vehicle was not road worthy. The complainant was constrained to take the vehicle to Hercules Auto Mobiles, Alappuzha, and spent an amount of Rs.30,000/-(Rupees thirty thousand only) to render the vehicle, at least to road worthy condition. The opposite party committed deficiency of service. The complainant sustained monetary as well as mental woes. The complainant had to incur a total loss of Rs.l,75,000/-(Rupees one lac seventy five thousand only). Got aggrieved on this the complainant approached this Forum for compensation and other relief.
1. Notice was sent. The opposite party turned up and filed detailed version. The contention of the opposite party is that the complainant, going by the reputation of his workshop, on his on will entrusted the vehicle for repair. The vehicle was fully damaged, and it required sufficient time to get the vehicle repaired. According to the opposite party, the complainant on being convinced the likely requested the opposite party to arrange an alternative for hire vehicle to be used until the complainant's vehicle is delivered. Accordingly, the opposite party arranged a vehicle to the complainant on rent of Rs.7,000/-(Rupees seven thousand only) per month. The complainant used the said vehicle for six months. In the meantime the opposite party delivered the vehicle to the complainant in good condition. The complainant's vehicle was revamped perfectly to the satisfaction of the complainant. The opposite party accepted only an amount of Rs.1,26,000/-(Rupees one lac twenty six thousand only) from the complainant. The complainant took delivery of the vehicle, but was disinclined to furnish the repair charges of Rs.48,000/-(Rupees forty eight thousand only) to the opposite party. The complainant even refused to provide the rental charges of the car arranged to him which runs to an amount of Rs.42,000/-(Rupees forty two thousand only). Resultantly, the opposite party was obliged to payoff the said amounts on behalf of the complainant. The opposite party is entitled to the aforesaid amounts from the complainant. The opposite party contends that even if the vehicle was further taken to Hercules Auto Mobiles for repair, the same was on the own will of the complainant. According to the opposite party, the instant complainant case is mere a ruse to escape from the complainant's inescapable liability to remit the rental and repair charges to the opposite party. The complaint is not entitled to any relief. The complaint is apparently experimental, and is only to be dismissed with cost to the opposite party, the opposite party asserts.
2. The complainant filed proof affidavit and the documents Exbts A1 and A12 were marked.
3. Bearing in mind the contentions of the parties, the questions come up for consideration before us are:-
(a) Whether the service of the opposite party was deficient?
(b) Whether the complainant is entitled to any relief?
4. We cautiously went thorough the materials placed on record by the parties. Though much is averred and argued, the crux of the complainant case is that the opposite party availed an amount of Rs.l,29,970/-(Rupees one lac twenty nine thousand nine hundred and seventy only) from the complainant as repair charges, and delayed the delivery of the vehicle to the complainant. Despite the fact that an enormous amount was availed from the complainant, the repair work and the replacement of the parts of the vehicle was far inferior. The complainant was compelled to take the vehicle to Hercules Auto Mobiles, Alappuzha, and incurred another Rs.30,000/-(Rupees thirty thousand only) to perfect its condition. The opposite party appears to be vigorously contends that the vehicle was repaired to the satisfaction of the complainant. The opposite party received only Rs.1,26,000/-(Rupees one lac twenty six thousand only) from the complainant as repair charges. The complainant had owed Rs.48,000/-(Rupees forty eight thousand only) to the opposite party as balance repairing charge. Besides an amount of Rs.42,000/-(Rupees forty two thousand only) was due from the complainant as rental charges of the car, the opposite party arranged to the complainant. Keeping the complainant's contention in view, we made a searching survey of the evidence brought on record by the parties. Admittedly the opposite party repaired the vehicle and delivered the same to the complainant. Going by the evidence let in by the complainant it is not unfolded that the repair work was not up to the mark. It is noteworthy that according to the complainant himself the vehicle was fully damaged. Coming down to the alleged delay of delivery of the vehicle, it is borne out by the unchallenged contention of the opposite party as to the rental car that the complainant had been convinced of the likely delay of delivery of the vehicle. The opposite party forcefully contends that the complainant requested him to arrange an alternative car on rental basis. It is worthier yet to notice that the complainant has left untouched the opposite parties contentions as to the amounts the complainant due to the opposite party by way of balance repair charges and the rental charges of the car. Viewing in that context of the complainant's letdown to prove the complainant case with substantial evidence, coupled with the unassailed probable contentions of the opposite party, we are of the view that the complainant case must fail. We have no hesitation to hold that the complaint is liable to be dismissed.
For the forgoing reasons, the complaint stands dismissed. The parties are left to bear with their own costs.
Pronounced in open Forum on this the 30th day of April, 2010.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Proof affidavit in lieu of position
Ext. A1 - The copy of the Certificate of Registration Sikkim State
Ext. A2 - The copy of the Certificate cum Policy Schedule
Ext. A3 - The copy of the FIR
Ext. A4 - The Copy of the bills from Thumpachireyil Motors No.207 dated, 03.11.08
Ext. A5 - The Copy of the bills from Thumpachireyil Motors No.232 dated, 22.12.08
Ext.A6 - The copy of the Retail Invoice issued by the Herculies Auto mobiles INTL.
(P)Ltd dated, 01.04.2009
Ext.A7 - The copy of the Job Estimate issued by the Herculies Auto mobiles INTL.
(P)Ltd dated, 09.04.2009
Ext.A8 - The copy of the Retail Invoice issued by the Herculies Auto mobiles INTL.
(P)Ltd dated, 02.06.2009
Ext.A9 - The copy of the service estimate issued by Herculies Automobiles INTL.
(P)Ltd dated, 17.06.2009
Ext.A10 - The copy of the complaint before the S.I of Nedumudi Police Station dated,
` 03.02.2009 and the copy of the complaint before the Circle Inspector of
Alappuzha dated, 12.02.2009
Ext.A11 - The copy of the letter issued to the opposite party dated, 08.03.2009
Ext.A12 - The copy of the Postal Receipt
Evidence of the opposite party: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
