D.O.F:21/06/2022      

                                                                                                         D.O.O:19/12/2023

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.129/2022

Dated this, the 19^th day of December 2023

PRESENT:

SRI.KRISHNAN.K                                         : PRESIDENT

SMT. BEENA. K.G                                      :MEMBER

Abdul Salam. K.A, aged 37 years,

S/o Abdul Rehiman,

R/at Annath Manzil,

Post: Alampady,

Muttathody Village,

Kasaragod District - 671123                                                    : Complainant

(Adv: K.Kumaran Nair & Sabari.L.S)

                                                                                    And

M/s Mavoor Trade Links,

Petrol Pump. Mahe Main Road,

Post: Mahe, Pin – 673310.                                              : Opposite party

ORDER

SMT. BEENA. K.G      :MEMBER

     The complainant is alleging deficiency in service and unfair trade practice on the part of Opposite party, agency petrol pumb of Indian Oil Corporation for supplying adultered diesel which damaged the vehicle and caused service hardships to the complainant including his aged mother at late night.

     The facts of the case is that complainant is a business man and Opposite Party is an agency petrol pump of Indian Oil corporation.  The complainant was travelling from Karipur Airport to his house at Kasaragod along with his family members including his aged mother on 15/10/2021during night in a diesel car bearing Registration No: KL 14 P 4979.  He had gone to the airport to drop his relatives there, along with his cousin brother one Mr. Suhail who accompanied them in another diesel car.  Both of them filled diesel from the petrol pump of Indian oil corporation belonged to Opposite party and proceeded to Kasaragod.  But when the complainant reached at Puthiyatheru, Kannur his Car suddenly stopped in the middle of the road at late night.  The complainant with the help of petty shop vendors and others pulled the vehicle to the nearby compound and kept it there.  The family of the complainant including his aged mother managed to reach Kasaragod by a KSRTC bus around 3.30 Am, from there they hired an auto to reach home.  The very next day itself the complainant reached the spot with a mechanic who expressed his opinion after examination that there was presence of water content in the diesel tank.  Thereafter the vehicle was taken to the authorized service station at Kannur with the help of a Crain.  And there it was confirmed the presence of water in diesel.  The water entered in the diesel tank during the filling of  diesel from opposite parties pumb till then car was running smoothly.  On the very next day the car driven by the cousin of the complainant Mr. Suhail who also filled diesel from the same pump along with the complainant had the same problem.  His car was stopped suddenly on reaching Kasaragod.  He repaired the vehicle and the Opposite Party refunded and amount of Rs. 34,500/- being the service and repair charges to him when he orally

made complaint to them.  The vehicle owned by the complainant was damaged very much due to the contaminated diesel and had to keep a few more days in the service station for want of some spare parts.    Thereafter the showroom issued a bill for an amount of Rs. 1,26,000/- to the complainant for repairing the car.  The complainant along with his cousin Mr. Suhail contacted the Opposite party who agreed to pay the bill and instructed the complainant to send the bill and other documents by mail. Even though the complainant send the bill and other documents the opposite party rejected the promise and informed the complainant that they could not pay the said amount.  The complainant suffered huge financial loss and hardships due to the adultered diesel supplied by the opposite party.  As the vehicle is still in the service station the complainant was constrained to hire a vehicle by paying Rs. 18,000/- per month to take his father who is a heart patient to Dr. Narasimha Pai at Mangalore and also for his business and other personal activities.   Despite of continuous reminders and request from the part of the complainant the opposite party was not responding.  So the complainant caused to issue a registered lawyer notice Dt. 16/04/2022 to the opposite party calling upon him to pay a compensation of Rs. 4,50,000/- to the complainant.  The opposite party did not respond to the said notice.  The complainant had suffered a lot of mental agony and hardships due to the irresponsible attitude and unfair trade practice on the part of opposite party, for the last eight moths the complainant had engaged a car on rental basis at the rate of Rs 18,000/- per month for his business and personal activities and for taking his father to hospital.  The complainant has been suffering great mental agony and hardships due to the adulteration in diesel and he moderately assess the compensation for the same at Rs. 2,00,000/-.  The opposite party is liable to pay an amount of Rs. 3,26,000/- as compensation including bill aforesaid.  The complainant is hereby seeking  Rs. 1,26,000/- being the service and repair charges with interest @ 12% from 15/10/2021 till payment along with a compensation of Rs. 2,00,000/-with full cost of litigation from opposite party.

          The opposite party filed counter according to him the complaint is false, frivouls, vexatious and not maintainable in law and on facts.  The complaint is only experimental and filed without any basis.  The averments, allegations and assertions in the complaint which are not expressly admitted herein are false and denied here with.  According to opposite party the complainant did not fill diesel from the pump of opposite party on 15/10/2021 as alleged in the complaint.  It is true that his cousin filled diesel from the pump of opposite party and it was found that the diesel filled by him had the presence of water and his vehicle is damaged.  Subsequently the opposite party paid an amount of Rs. 34,500/-  to Mr. Suhail, the cousin of the complainant being repair charges.  The complainant who came to know about the payment of repair charges to his cousin makes use of the situation and filed the above complaint.  The complainant did not visit the petrol pump of the opposite party at any time and did not fill diesel from there.  All the allegations in the complaint are manipulated for the purpose of extracting money from opposite party.   All the allegations are false and denied with.  Hence the Hon’ble commission may be pleased to dismiss the complaint with cost to this opposite party.

          The complainant filed proof affidavit in lieu of chief examination and documents produced are marked as Ex A1 to A6. The complainant was cross examined by the counsel of opposite party as Pw1.  The opposite party also filed affidavit and was cross examined by the counsel of complainant as Dw1.  Both sides heard and documents perused.

          The main questions raised for consideration are ;;-

1. Whether there is any deficiency in service/ unfair trade practice on the part of opposite party in filling diesel to the complainants vehicle.
2. Whether the complainants entitled for relief?
3. If so what is the relief?

The case of the complainant is that when he filled diesel from the petrol pump of Indian oil corporation belonged to the opposite party, The diesel contained presence of water in it.  Due to the  filling of adultered diesel  the complainants vehicle stopped in the way .On examination it is revealed that there is water content in diesel, which caused damage to his vehicle.  The report dated 04/03/2022 issued by signature automobiles stating that fuel adulteration is confirmed with water in respect of car bearing registration No; KL 14 P 4979 is marked as Ext A1.  The complainant also produced copy of the complaint dated 04/03/2022 send by the complainant to opposite party is marked as Ext A2.  The water entered in the diesel tank during the filling of diesel suddenly stopped the car in the middle of the road at late night.  The complainant with the help of nearby persons pulled the vehicle to nearby compound and kept it there.  The complainant and his family including his aged mother constrained to reach Kasaragod by a KSRTC bus around 3.30 am.  Due to the filling of contaminated diesel the complainants vehicle and his cousin Mr. Suhails vehicle also had damaged.  Till then both the vehicles run smoothly.  Mr. Suhail repaired the vehicle and the opposite party refunded and amount of Rs. 34,500/- being the service and repair charges to him, when he orally made complaint to them.  The grievance of the complainant was that due to the water content in the diesel his vehicle damaged very much and kept few more days in the service station for want of some spare parts.  Thereafter the showroom issued a bill for an amount of Rs. 1,26.000/- to the complainant for repairing the car. The complainant was produced re estimate issued by signature automobiles India Private limited it is marked as Ext A3.  Even though the opposite party agreed to pay the bill and instructed the complainant to send the bill and other documents by mail ,at last he broken the promise.  The complainant suffered huge financial loss and hardships due to the adulted diesel supplied by opposite party.  As the vehicle is still in  service station the complainant had to hire a vehicle by paying Rs. 18,000/-per month to take his father who is a heart patient to Dr. Narasimha Pai to Mangalore.  And also for his business and personal activities.  Despite of continues reminders and requests the opposite party did not turned up. The complainant caused to send a registered lawyer notice which is marked as Ext A4.  The postal acknowledgment dated 22/04/2022 issued by the opposite party is marked as Ext A5.  The statement of account of the complaint from the period 01/10/2021 to 31/10/2021 issued by HDFC is marked as Ext A6.

On the part of Opposite Party there is only oral evidence of Dw1, who is the manager of Opposite Party for 3 years.   Dw1 admitted the damage occurred to the complainants cousin’s vehicle after filling fuel from opposite party’s pumb and payment of compensation to him.  Dw1 also admitted that the document Ext A6 contains the account number of Opposite Party in the 13^th transaction on 15/10/2021.  Ext A6 proves that complainant paid Rs. 1200/- to Opposite Party on 15/10/2021 that payment was assured to be the price of the diesel as Opposite Party are conducting an agency of Indian Oil Corporation in Mahe.  The complainants case tallies with the documents produced by him.

On evaluating the evidence brought before the commission we are of the view that the Opposite Party failed to disprove the case of the complainant, Ext A1 , A6 and the statement of Dw1 proves the case of the complainant is true. By giving compensation to the cousin of the complainant opposite party admits the fault on their part.  On the light of the aforementioned discussions it is clear that there is deficiency in service and unfair trade practice on the part of Opposite Parties.  And due to the fault on the part of the opposite party the complainant suffered huge loss and hardships.  He was constrained to travel in a KSRTC Bus with his aged mother and other relatives in late night caused severe mental agony and loss to him.  The Opposite Parties is bound to compensate the loss and agony suffered by the complainant.  Certainly the Complainant is entitled for relief.  The relief sought in the complaint is Rs. 3,26,000/- with interest at 12% from 15/10/2021 till payment, which is to excess.  The complainant is entitled for the repair charges of car Rs. 1,26,000/- but the complainant did not produced the receipt from the driver of the rental car or he did not mention the registered number of the car.  It is true that the complainant had undergone severe mental agony as his vehicle was kept with service station for a long time.  Considering the facts and circumstances of the complainant we holds that an amount of Rs. 50,000/- is a reasonable compensation in this case.  The complainant is entitled to get litigation cost also.

In the result complaint is partly allowed directing Opposite Parties to pay Rs. 1,26,000/- bill amount for repair charge with 9% interest from 31/01/2022 till disbursement along with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) and cost 5000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of this order .

      Sd/-                                                                                                 Sd/-

MEMBER                                                                                      PRESIDENT

Exhibits

A1- Report issued by Signature automobiles.

A2- Copy of the complaint Dt: 04/03/2022

A3- Re-estimate

A4- Lawyers notice

A5- Acknowledgement card

A6- statement of account

Witness Examined

Pw1- Abdul salam.K.A

Dw1-Sthayapal. A.P

      Sd/-                                                                                        Sd/-

MEMBER                                                                            PRESIDENT

Forwarded by Order

                                                                      Assistant Registrar

Ps/