Tamil Nadu

North Chennai

CC/91/2022

C.Immanuel Robinson,S.o.P.K.Christopher - Complainant(s)

Versus

Mr.Vimal Propriter,G.V.Auto Works - Opp.Party(s)

S.Ravichandran

25 Jan 2023

ORDER

Complaint presented on  :30.03.2022 Date of disposal               :30.01.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

    PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                          :PRESIDENT

                                      TMT. KAVITHA KANNAN, M.E.,                         : MEMBER-I

                                          

C.C. No.91/2022

 

DATED THIS MONDAY THE 30^th DAY OF JANUARY 2023

 

C.Immanuel Robinson,

S/o.P.K.Christopher,

No.28/25, Ramanuja Nagar,

Ayanavaram, Chennai-600 023.

                                                                                                 .. Complainant.                                                                          ..Vs..

 

Mr.Vimal,

Proprietor,

G.V.Auto Works,

No.1/2, N.M.K. Street,

Ayanavaram, Chennai-600 023.

                                                                    ..  Opposite party.

 

 Counsel for the complainant                      : M/s.S.Ravichandran

 

 Counsel for opposite party                       : Ex-parte.

 

 

ORDER

TMT. KAVITHA KANNAN, M.E.,                   : MEMBER-I

          This complaint has been filed by the complainant against the opposite party under section 35 of the Consumer Protection Act, 2019 prays to direct the opposite party to compensation for the loss of vehicle bearing Reg.No.TN 23 A 0016 for a sum of Rs.15000/- along with 18% interest p.a. from the month of March 2020  for damages caused to complainant pursuant to unfair trade practice and deficiency in service of the opposite party and to pay the sum of Rs.3000/- paid by the complainant to the opposite party as an advance amount to rectify the defect of his Honda Activa Scooter Reg No. TN 23 A 0016 and cost.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that the Opposite Party Mr.Vimal is running a two wheeler mechanic shop in the Ayanavaram, Chennai-600 023. The complainant approached the opposite party in the first week of March 2020 to rectify the noise in his Honda Activa Scooter bearing Reg. No. TN 23 A 0016. As a mechanic, the opposite party took a test ride and informed the complainant, that the noise in the engine was due to the defect in the engine bore and it would be rectified by re-bore the engine and further informed the complainant, that the total expenses for re-boring would be of Rs.5000/-. The Opposite Party asked the complainant to pay a sum of Rs.3000/- as an advance amount. Believing his words the complainant had paid the advance amount of Rs.3000/- to the opposite party and handed over his vehicle on the very same day for rectifying the said defects. Further the opposite party assured that the vehicle would be ready and handed over to the complainant within a period of two weeks time. The Complainant further submits that due to Covid-19 all the shops in Tamilnadu were remain closed as per the order of the Government Accordingly the opposite party also closed his shop but not re-opened even after the order of the Government was re-called. Therefore on several occasion the complainant visiting the opposite party shop and returned with empty hands as the shop was found closed. At lost the complainant contacted the opposite party at his shop in the month of Feb 2021. There at the complainant found his Scooter is not to the satisfaction of the Complainant. Hence the complainant demanded the opposite-party to return his advance amount of Rs. 3000/- to the Complainant and demanded the return of his Scooter bearing Reg. No.TN 23 A 0016. Inspite of that the opposite party have not shown any interest in complying with the demand of the complainant. Hence finding no other alternative the complainant instructed his counsel to issue legal notice to the opposite party on 27.10.2021. But till date, the opposite party neither replied the legal notice.  Hence prayed that to refund a sum of Rs.3000/- with compensation. Hence this complaint. 

2. POINTS FOR CONSIDERATION:

1. Whether the opposite party caused any deficiency in service and unfair trade practice as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint.

If, so to what extent?

Complainant had filed proof affidavit, written argument and documents Ex.A1 to A9 were marked on the complainant side.  The Opposite party was set exparte.

3. Point No.1:-

In the present complaint, the complainant submitted that he approached the opposite party who owned a mechanic shop in the name of G.V.AutoWorks whose workshop was just behind the complainant's residential area, to repair his 2 wheeler Honda Activa bearing Reg. No. TN 23 A 0016 in first week of March 2020 as the said vehicle developed some noise while riding. The complainant also stated that the opposite party took a test ride and informed the complainant that the vehicle suffered a defective engine and needed re-boring of engine and requested him to pay Rs.3000/- while re-boring cost would be Rs.5000/-. On paying the advance amount of Rs.3000/- to the opposite party, the complainant was assured that the vehicle would be handed over in a period of 2 week's time. The complainant further submits that the opposite party closed his shop due to Covid-19 pandemic lockdown but did not re-open the shop after the government order was re-called. The complainant further stated that he visited the opposite party's shop on various occasions and returned empty handed. After some days As the vehicle was not in satisfactory condition, the complainant demanded the refund of Rs. 3000/- paid and also return his vehicle, which was not complied by the opposite party which led the complainant to filing of legal notice on 27/10/2021 to return his Honda Activa vehicle and also to refund the Rs. 3000/- within 15 days from date of legal notice, which was received by opposite party on 28/10/2021  which was  neither replied nor  was complied by the opposite party. Hence the receipt of the complaint.

          4. As per Ex.A4 the Honda Activa scooter bearing reg. no TN 23 A 0016 was registered in the name of the complainant's father Mr. Christopher, being the owner of the vehicle. The said father of the complainant deceased on 14/09/2015 and his death certificate marked as Ex.A8 and the complainant Mr. Immanuel Robinson being son of the owner of the disputed vehicle is shown as one of his legal heir which is marked as ExA9. As per Ex. A6 the complainant had paid an advance of Rs. 3000/- to the opposite party out of total repair expenses of Rs.5000/-. The photo copies of opposite party workshop where the complainant's vehicle was given in March 2020 after test drive done by opposite party is marked as Ex.A7. The legal notice filed by complainant which was received by the opposite party but left unanswered is marked as Ex.A1 and the postal receipt and acknowledgement marked as Ex.A2 and Ex.A3 respectively.

5. The complaint is about a vehicle under Reg. No. TN 23 A 0016, the owner's name being Mr. Christopher. P. K which was registered in 2006 as per Ex.A4, meanwhile as per Ex.A8 the owner of the vehicle deceased on 14th September 2015, further the complainant being the son of the late owner of the vehicle is recognized as one of the LR of deceased in Ex.A9. It is found that the payment of Rs.3000/- was made under Ex.A4 by the complainant herein which stands as consideration for the repair service to be undertaken by the opposite party hence the complainant being the legal heir of the owner of the vehicle and being a beneficiary who is utilizing the vehicle has come under the purview of the definition of consumer and entitled to maintain the complaint before this commission. Further it is found from Ex.A6 that the opposite party has received Rs.3000/- from the complainant for repairing the Honda Active Bearing Reg.No. TN 23 A 0016 but has failed to effect repair and handover the same to the complainant inspite of legal notice issued by the complainant.  Ex.A7 photographs also prove that the disputed vehicle was handedover to the opposite party for effecting repairs, the opposite party remained exparte and there was not reply to the legal notice also even though the notice was acknowledged by the opposite party the failure of the opposite party in not effecting the repair and in not handing over the vehicle to the complainant even after receiving an amount of Rs.3000/- amounts to deficiency in service on the part of the opposite party. Point No.1 is answered accordingly.

6. POINT NO.2

Based on findings given to Point No.1 Since there is deficiency in service on the part of the opposite party, the opposite party is directed to refund the sum of Rs.3000/- to the complainant and also directed to return the disputed Honda Activa in the same condition as it was handed over by the complainant and pay a sum of Rs.10000/- and also pay Rs.3000/- towards cost. Point No.3 is answered accordingly.

          In the result the Complaint is partly allowed.  The Opposite Party is directed to refund of Rs.3000/- and to return the disputed Honda Activa vehicle in the same condition as it was handed over by the complainant within two months and to pay Rs.10,000/-(Rupees Ten Thousand only) to the complainant towards compensation for causing mental agony and also pay Rs.3000/- towards cost of the complaint.  The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.

Dictated  by the Member-I to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30^th  day of January  2023.

 

MEMBER – I                                                                        PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	27.10.2021	Legal notice.
Ex.A2	27.10.2021	Postal receipt.
Ex.A3	30.10.2021	Acknowledgement card.
Ex.A4	30.05.2006	Registration certificate of TN 23 A 0016.
Ex.A5		Aadhaar card of the complainant.
Ex.A6	03.03.2020	Payment receipt.
Ex.A7		Photo copies of G.V.Auto works and the un-rectified two wheeler.
Ex.A8	14.09.2015	Death certificate of P.K.Christopher.
Ex.A9		Legal heir certificate of Mr.P.K.Christopher.

 

MEMBER – I                                                                        PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.C.No.262/2018, Dated:15.12.2022

Order Pronounced,

         In the result the Complaint is partly allowed.  The Opposite Party is directed to refund a sum of Rs.551.50 to the complainant with interest at 6% per annum from 29.07.2009 till the date of realization and also pay a sum of  Rs.20,000/- (Rupees Twenty Thousand only) to the complainant towards compensation for physical hardship and mental agony suffered by the complainant and also pay a sum of Rs.5000/- towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order till the date of payment.