BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR.
C.C. No. 363of 2015 Date of Institution: 19.8.2015
Date of Decision: 26.11.2015
Dr. Dalbir Singh, Age 50 years, Son of Mohan Singh, Civil Veteniry Hospital, Civil Hospital, Makhu, District Ferozepur.
……..Complainant
Versus
M/S JM Jauhal Motor Amritsar Road, Zira District Ferozepur through its Authorized Signatory.
……… opposite Party
Complaint under Section 12 of
the Consumer Protection Act, 1986.
* * * * * *
PRESENT :
For the complainant : Sh.G.S. Gill, Advocate
For the opposite party : Ex-parte.
QUORUM
S. Gurpartap Singh Brar, President
Mrs. Inderjeet Kaur, Member
C. C. No. 363 of 2015 //2//
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
Brief facts of the complaint are that the complainant is owner of car make Maruti Ritz bearing No.PB-47-C-7296 which was got repaired from the opposite party. The complainant had got changed certain parts of the vehicle which including front glass of the vehicle and the respondent have charged Rs.3800/- for the same vide invoice dated 22.4.2015 bearing No.71. Further it has been pleaded that the said front glass of car was for Rs.2700/- in the market as per the report of surveyor and loss assessor namely Gopal Kotia who was appointed by United India Insurnace Co. Ltd. VPO Zira and the opposite party has charged excessive amount from the complainant and the opposite party is laible to refund the same alongwith damages. Pleading deficiency in service and unfair trade practice on the part of the opposite party, the complainant has prayed that the opposite party be directed to pay the aforesaid excessive amount charged alongwith interest, to pay Rs.50,000/- on account of mental pain, agony and harassment and to pay Rs.11,000/- as compensation.
2. The opposite party did not appear in this Forum despite service of notice. Therefore, the opposite party is proceeded against Ex-parte vide order dated 6.10.2015.
3. Learned counsel for the complainant tendered into evidence Ex.C-1 to Ex.C-7 and closed evidence on behalf of the complainant.
4. We have heard the learned counsel for the complainant and have also gone through the file.
C. C. No. 363 of 2015 //3//
5. The grievances of the complaint is that the complainant got changed certain parts of the vehicle which including front glass of the vehicle and the opposite party has charged Rs.3800/- for the change of front glass of the vehicle. The price of front glass of car is Rs..2700/- as per the report of surveyor and loss assessor namely Gopal Kotia, as Ex. C-4, who was appointed by United India Insurance Co. Ltd. The opposite party charged excess amount of Rs.1000/- from the complainant. The complainant has placed on file copy of invoice dated 22.4.2015 from it is proved that the opposite party received Rs.3800/- from the complainant for changing the front glass which amount to unfair trade practice on the part of the opposite party. The opposite party is liable to refund Rs.1000/- to the complainant which the opposite party has received from the complainant. The complainant is entitled to receive the suitable compensation from the opposite party because the complainant was harassed by the opposite party.
6. In view of what has been discussed above, this complaint is accepted and opposite party is directed to pay an amount of Rs.1000/- as excess amount charged from the complainant. Further the opposite party is also directed to pay a sum of Rs.1000/- as compensation on account of mental pain, agony and harassment and Rs.500/- as litigation expenses. This order is directed to be complied with by the opposite parties within a period of thirty days from the date of receipt of a copy of this order. File be consigned to the record room.
Announced (Gurpartap Singh Brar)
26.11.2015 President
(Inderjeet Kaur) Member
