SMT. MOLYKUTTY MATHEW  : MEMBER

This is a complaint filed by the complainant U/s 35 of Consumer Protection Act 2019 for an order directing the opposite party to refund the amount of Rs. 1,900/- for the license renewal amount along with compensation Rs.20,000/- and cost of Rs.10,000/- to the complainant for the  deficiency of service on his part.

The case of the complainant in brief

            The complainant had approached OP on 16/09/2021 for renewing the driving license of the complainant.  The OP assured the complainant that within one week he obtained complaint’s renewed driving license before the RTO office, Taliparamba. Then the complainant submit his original driving license, one photo and Rs.1,900/- to OP on 16/09/2021.  There after one week the complainant telephoned the OP and enquired about the renewal of driving license.  Then the OP replied that as early as possible to return the renewed driving license.  But so many times the complainant approached personally to OP’s M/s Herfy Motor Driving School at Chemperi and enquired about the renewed license.  But the OP’s not answered clearly.  Then the complainant personally approached RTO office on 2022 January and enquired about his application for renewal of driving license.  The office bearers stated that no amount is remitted by the OP before the RTO office for renewal of the complainant’s driving license.  Then the complainant again approached to OP’s office and stated the real facts put forwarded by the RTO office.  But the OP is not willing to return the original driving license to complainant also.  Then the complainant again approached to OP’s office on 18/04/2022 for return the original driving license.  At last on 19/04/2022 the complainant along with his friend approached to OP and to receive the original driving license from OP.  Then the complainant directly approached to RTO office on 19/04/2022 filed new application before RTO office for renewal of the driving license and remitted the fee of Rs.560/- only.  Then the complainant received the renewed driving license through post on 23/04/2022.  But the complainant lost 7 months time before the OP’s office for renewal of the driving license only for assuring the works of OP.  The act of OP the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

            After filing the complaint notice issued to OP.  The OP received the notice and not appeared before the commission and not filed any version .  The commission had to hold the OP have no version as such this case came to be proceed against the OP is set          ex-parte.

            Even though the OP is remained ex-parte, it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called up on to produce evidence in the form of affidavit and document.  Accordingly the complainant has chosen to produce his affidavit along with one document as marked as Ext.A1.  The complainant was examined as Pw1.  So the OP remain absent in this case.  At the end the commission heard the case on merit.

            Let us have a clear glance at the relevant document on 16/09/2021 the complainant submits his original driving license and s.1,900/- to OP for renewing his driving license.  As per Ext.A1 clearly shows that Rs. 1,900/- received by OP from the complainant.  But after repeated demand of complainant the OP is not ready to renew the driving license of complainant from the RTO, Taliparamba.  Moreover, the OP ;has not filed any application with fee remitted before the RTO Taliparamba.  After the elapse of 7 months on 19/04/2022 the complainant himself filed the application with fee of Rs.560/- remitted before the RTO

Taliparamba and get the renewed driving license through post on 23/04/2022.  The act of OP the complainant caused much mental agony and financial loss.  The OP is directly bound to redressal the grievance caused to the complainant.  Therefore, we hold that the OP is liable to refund the amount of Rs. 1,900/- to the complainant along with Rs.5,000/- as compensation and Rs.2000/- as litigation cost to the complainant.

            In the result the complaint is allowed in part directing the opposite party to refund  Rs.1,900/- to complainant along with Rs.5000/- as compensation and Rs.2000/- as litigation cost within 30 days of receipt of this order.    Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibit

A1                    - Receipt dated 16/09/2021

Examined witness

Pw1     -  Complainant

      Sd/                                                                          Sd/                                                     Sd/

PRESIDENT                                                                   MEMBER                                                   MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar