O R D E R
Sri. George Baby (President):
The complainant is filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The case of the complainant in brief as follows: That the complainant had entrusted his car bearing registration number KL-03AA7887 to the opposite parties for transporting it from Kozhencherry to Nagpur. The vehicle was entrusted to opposite party’s on 17/09/2018 and the same reached at Nagpur on 27/09/2018. The complainant took the delivery of vehicle on 29/09/2018. At that time the complainant had noted that the seat cushion of the car was missing, its floor mat was damaged etc and caused financial loss to the complainant in the tune of Rs.7,000/-. The complainant immediately contacted the opposite parties more than one and pleaded for an amicable settlement. But the opposite parties were no willing to settle the matter and hence the complainant approached this Forum for redressing his grievances.
3. The Forum entertained the complaint and issued notice to the opposite parties for their appearance. But none of the opposite parties came forward to conduct the case. Subsequently the opposite parties are declared ex-parte.
4. On the basis of the complainant and available records before us, we framed the following issues for adjudication.
1. Whether the complainant is entitled to get any relief prayed
for?
2. Whether the complainant is entitled to get compensation and
cost?
5. In order to prove the complainant’s case the complainant filed proof affidavit in lieu of chief examination and complainant has been examined as PW1. Exhibit A1 to A12 are marked. Ext. A1 is the office order No. 251/18 dated:31/08/2018, Exhibit A2 is the copy of the certificate of registration of the vehicle bearing registration No.KL03AA 7887. Ext. A3 is the copy of the insurance certificate of the vehicle. Ext. A4 is the copy of the bill issued by the opposite parties. Ext. A5 is the copy of the accessories declaration chart dated: 17/09/2018 singed by the complainant and issued by the opposite parties. Ext. A6 is the photo of seat cushion. Ext. A7 is the photo of floor mat in damaged condition. Ext. A8 is the photo of the fuel meter. Ext. A9 is the memo dated: 13/07/2019 issued by the motor vehicle department. Ext. 10 series are the copy of the mail communications between the complainant and opposite parties. Ext. A11 is the copy of the lawyers notice, Ext. A12 is the copy of the Aadhar card of the complainant. After the closure of the evidence we heard the complainant.
6. Point No. 1&II :-For the sake of convenience we would consider the issue together. The complainant case is that he had entrusted vehicle bearing Reg. No. KL.3AA 7887 to the opposite party on 17/09/2018 for transporting it from kozhencherryto Nagpur. The car reached its destination at Nagpur on 27/09/2018 and the complainant took the delivery of car on 29/09/2018. That at the time of taking the delivery of the vehicle the complainant has noted that one seat cushion worth Rs. 300/- was missing floor mat worth Rs. 25,00/- was damaged its fuel tank was empty, while it was contain 25 liters at the time of entrustment and in that count he suffered a loss of Rs. 1,170/- the vehicle was fined Rs. 400/- for over speeding and accordingly the complainant suffered a financial loss in the estimated tune of Rs.7,000/-. Immediately after the notice of the above the complainant had intimated these matter to the opposite parties and requested for an amicable settlement of the issues. But the opposite parties were reluctant to settle the matter amicably the complainant had issued a legal notice to the opposite parties but not yield any positive result. It is bring out in evidence that the complainant had availed the service of the opposite parties on payment of charges and the opposite parties are liable to handover the vehicle to the complainant at most loyalty and without any damage. The uncontroverted evidence and deposition fortifies the case of the complainant that some of the articles were lost from the car and damaged it floor mat. It is also seen from the evidence that the complainant had took maximum effort to settle the matter amicably. As the complainant is a consumer envisaged under the provisions of CP Act, he is definitely entitled to get reliefs through this Forum and entitled for the compensation and coast. Hence we found Point No.I and II in favour of complainant out the complaint is allowable.
7. In the result we pass the following orders:
1. The opposite parties are directed to pay an amount Rs.
4,370/-(Rupees four Thousand Three Hundred and Seventy
only) to the complainant with 10% interest from the date of
order onwards.
2. The opposite parties are directed to pay a compensation of Rs.
10,000/- (Rupees Ten Thousand only) for the mental agony
Suffered by the complainant along with cost of Rs. 5,000/-
(Rupees Five Thousand only) to the complainant.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 27thday of November, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Sri.NishadThankappan (Member-II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1:Varghese Mathew
Exhibits marked on the side of the complainant:
A1: office order No. 251/18 dated:31/08/2018
A2: copy of the certificate of registration of the vehicle bearing registration
No.KL03AA 7887
A3: copy of the insurance certificate of the vehicle.
A4: copy of the bill issued by the opposite parties.
A5: copy of the accessories declaration chart dated: 17/09/2018 singed by
the complainant and issued by the opposite parties.
A6: photo of seat cushion.
A7: photo of floor mat in damaged condition.
A8: photo of the fuel meter
A9: memo dated: 13/07/2019 issued by the motor vehicle department
A10: copy of the mail communications between the complainant and
opposite parties.
A11: copy of the lawyers notice.
A12: copy of the Aadhar card of the complainant
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Varghese Mathew,
Kuzhuvelil House,Keezhukara,
Kozhencherry, Pathanamthitta.
(2) Agarwal Packers & Movers,
3rd Floor, Kabra Complex, 61 M.G. Road,
Secundarabad – 500003.
(3) Agarwal Packers & Movers,
DRS Group, D#41/3643,Koorendeep Building,
Providence Road Junction,NearVidyaNiketan, Cochin,
Ernakulam – 682018.
(4) The Stock File.
