THIRUMATHI. S. SUJATHA, MEMBER-I
The Complaint is filed by Mr. T. Soundararajan under section 12 (1) of the consumer protection Act. 1986 for directing the opposite parties to pay Rs. 3,00,000/- towards the loss occurred towards the vehicle TVS Apache bearing Registration No. TN-10-AD-4014.
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- The Case of the complainant is briefly as follows:-
The Complainant is the owner of the TVS Apache Motor Cycle bearing Registration No. TN.10-AD-4014.The first opposite party is an authorized service centre of TVS Motor Vehicles and the Second Opposite Party is a Mechanic working under the First Opposite Party.The Complainant has handed over the vehicle to the first opposite party under a job order No. JC 6040 on 20.01.2014 at 9.00 A.M.The Complainant was informed by the first Opposite Party on the same day ie., 20.01.2014 at 10.A.M. that the said vehicle was met with an accident when the second opposite party took the vehicle for a test drive.The vehicle was completely damaged due to the accident.But the opposite parties refused to rectify the defects and also demanded considerable amount toreplace the damaged parts.So the complainant refused to take delivery of the said vehicle.But he was forcibly made to take delivery of the vehicle.The complainant has been joined as a party in the Mcop case filed by the victims of the accident in the poonnamallee sub court.The Complainant sent a legal notice on 2.6.2014 and the opposite parties replied the same on 23.6.2014 with vague and false allegationshence the complaint.The complainant has sought for grant of the following reliefs from this forum under section 14 of the CP Act 1986.Payment of Rs.3,00,000/- towards compensation and for committing act of deficiency in service.
- Even after receipt of notice, the opposite parties did not appear before this forum and did not file any written version hence the opposite parties were set exparte. Proof affidavit has been filed by the complainant and ExA1 to ExA5 were marked.
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3. Now the points that arises for consideration are as follows:-
- Whether there is any deficiency in service on the part of opposite parties
- To what relief the complainant is entitled to ?
Point No.1) Now the points are to be answered based on the materials brought on record. ExA1 is the job order indicates that the first opposite party collected the said vehicle for service on 20.01.2014. ExA2 is the FIR filed by the poonamallee Traffic Investigation police bearing F.I.R No. 97/PH2/2014 indicated that the vehicle met with an accident, when on test drive by the second opposite party who is the mechanic of the first opposite party. ExA3 is the Mcop petition filed in the Hon’ble sub-court, poonamallee. ExA4 is the legal notice and ExA5 is the reply notice.
5. The non complaiance of rectifying the defects of the vehicle by the opposite party shows that the customer’s complaint get the lowest priority. Some times the service providers dare to insult the customers in so many ways, It is a unfair trade practice. The opposite parties have not appeared before this forum to submit their evidence to disprove the allegations. A service provider cannot keep the complainant in tender hooks of expectation endlessly. Such callous indifference on the part of the opposite parties constituted deficiency in service as defined under section 2(g) of the CP Act 1986.
Point No.2). In the result the complaint is allowed. The opposite parties 1 & 2 are jointly and severally directed to pay a sum Rs.15,000/- (Rupees Fifteen Thousand
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Only) towards compensation for the deficiency in service to the complaint.
The above amount shall be payable within one month from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum till the date of payment.
Dictated directly by the Member-I to the Steno-typist, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 29th day of December 2014.P
MEMBER-I MEMBER-II PRESIDENT
List of Complainant Documents:
EXA1 X -Copy of Job order by the Opposite Party to the complainant
dated: 20.01.2014.
EXA2 X-Copy of FIR Against Vehicle No. TN-10-AD-4014 stating the
vehicle involved in accident Police authorities dated: 20.01.2014.
EXA3 X- Copy of Claim Petition filed against Complainant in account of
Accident caused by 2nd opposite party Dated: 31.01.2014.
EXA4 Office -Copy of Legal Notice by the complainant to the opposite
party Dated: 2.6.2014.
EXA5 Original Reply Notice by the Opposite Party to the Complainant
Dated: 23.6.2014.
Opposite parties document – Nil (set-exparte)
MEMBER-I MEMBER-II PRESIDENT
