DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 04th day of March, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
Date of filing: 06/11/2017
CC/157/2017
Dr. Muhammad Shereef
S/o P.P.Veerankutty,Puthanpeedikakkal House,
Vallapuzha post,Pattambi Taluk, - Complainant
Palakkad Dt- 679 336
Presently Employed as Senior Resident Doctor,
Department of Pediatrics, Aarupadi Veedu,
Medical College Hospital,Kirumampakkam
Puducherry(Pondichery) Pin-607 403
Vs
1.M/s Toyota Kirloskar Motors Pvt Ltd
Regd Office: 1 Ram Nagar, Ram District,
Industrial Area,Bidadi,Karnataka, Pin – 562 128
(Rep by its Managing Director/Manager/Authorised Signatory)
2. M/s Toyota Kirloskar Motors Pvt Ltd,
Regd Office, 1 Ram Nagar, Ram District,
Industrial Area,Bidadi,Karnataka,Pin-562 128
Rep by its Managing Director/
Manager/Authorised Signatory.
3. M/s Lanson Toyota
Villupuram, No 20 Gingee Road, - Opposite Parties
Villupuram, Pin- 605602.
4. M/s Lanson Toyota
Villupuram, No 20 Gingee Road,
Villupuram, Pin- 605602.
Rep by its Managing Director/
Manager/Authorised Signatory.
5. M/s Amana Toyota VPK Motors Pvt Ltd
N.H 213,Mundur Post,Poriyani,Palakkad(Dt),
Kerala.
Rep by its Managing Director/Manager/Authorised Signatory
O R D E R
By Sri.Vinay Menon V., President
- Facts of the case are not ventured into. This CC is being taken for orders in view of the consistent disobedience to an order of this Commission shown by the complainant.
- During the course of the complaint, this Commission had at the behest of the complainant appointed an expert commissioner to ascertain the damages to the vehicle of the complainant. The expert commissioner examined the vehicle twice and filed his report. The two visits were, infact, necessitated due to the absence of the complainant and his counsel even after having notice of the inspection. This Commission had on 19/08/2019 ordered payment of Rs.4500/- (Rupees Four Thousand Five Hundred Only)as batta to the commissioner for his two visits.
- Instead of effecting payment of batta to the commissioner, the complaint chose to file a Revision petition before the honourable KSCDRC, details of which were never submitted/disclosed before this Commission. From 19/08/2019 till date order of this Commission remains un - complied with .
- On 15/09/2021 this Commission passed an order directing the complainant to file an affidavit stating the details and present status of the Revision Petition. It was also directed to takes steps in accordance with the order dated 19/08/2019 in the event there was no pending stay orders.
- On 12/01/2022 also this same order was repeated. It is pertinent to note that on both these occasions the complainant was represented in this Commission. On 24/02/2022 also, eventhough there was representation for the complainant , they failed to comply either with the direction of 19/08/2019 or that on 15/09/2021.
- The complainant had been dragging along the proceedings herein as well as refraining from effecting payment of batta to an expert Commissioner who had carried out inspection of the complainant’s vehicle at the request of the complainant himself. The batta is not being paid as the commission report did not come up in favour of the complainant. It is inhuman and unfair not to pay an expert commissioner appointed by this Commission for and on behalf of the complainant for a proper and just adjudication of the lis.
- Pendency of a Revision Petition is not a ground for non compliance of an order of this Commission in the absence of an order of stay. Hence the conduct of the complainant is nothing short of an abuse of the process of law. Such temerity is abhorrent and is to be dealt with accordingly . Had the complainant been a bonafide litigant, he would have complied with the directives of this Commission.
- Hence we dismiss the complaint for wilfull and malicious non compliance of the order dated 19/08/2019 passed by this Commission.
Pronounced in the open court on this the 04 th day of March, 2022
Sd/-
Vinay Menon V
President.
Sd/-
Vidya.A Member
