Tamil Nadu

South Chennai

CC/268/2017

P.Balamurugan - Complainant(s)

Versus

M/s.Chakraa Automobiles - Opp.Party(s)

R.Thanjan

07 Jul 2022

ORDER

Date of Complaint Filed :19.07.2017

Date of Reservation      : 04.07.2022

Date of Order               : 07.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.268/2017

THURSDAY, THE 7^th DAY OF JULY 2022

P. Balamurugan,

S/o. Ponnambalam,

No.4/11, Thiru Nagar Annexe,

Kaikankuppam, Valasaravakkam,

Chennai- 600 087.                                                                                                                                                            ... Complainant                      

 

..Vs..

M/s. Chakraa Automobiles,

Rep. by its Authorised Signatory,

Administrative Office ,

New No.43, (Old No.21), 7th Avenue,

Ashok Nagar, Chennai-600 083

Also at:

Plot No. 8-A.,

Mylai Balaji Nagar,

Velachery Main Road,

Pallikaranai, Chennai - 600 100.                                                                                                                                  ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. R. Thanjan

Counsel for the Opposite Party       : Exparte

        On perusal of records and after having heard the oral arguments of the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to reimbursement of Rs.95,500/- from the Opposite Party towards the hire charges for 38 days incurred by the Complainant for transporting the school children, the period of non-delivery of vehicle and to pay  Rs.5 lakhs towards deficiency of service, mental agony and torture caused by the Opposite Party to the Complainant for non delivery of vehicle within the assured period, including incurred hire charges along with costs of the Complainant.

2.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-11 were marked.   

3.    The Opposite Parties did not appear before this Commission even after sufficient notice to them. Hence the Opposite Parties were set exparte .

4.     The averments of Complaint in brief are as follows:-

        The Complainant humbly submits that he along with 7 others promoted a Partnership firm in the name and style of Children's Chariot" with a view to engage in the business of transportation of school children and on the basis, all of them have proposed to purchase 8 Nos. of SML Isuzu 12 + 1 seater buses, including the Complainant. Accordingly, the Complainant and others approached the Opposite Party, who is the authorized dealer of SML ISUZU LTD. for purchase of the said school buses for their transport business. The Complainant humbly further submits that after negotiations and confirmation arrived between the Parties on 28.04.2016, the Complainant and 7 others decided to purchase 8 buses including one bus to the Complainant, which was confirmed through the Opposite Party's letter dated 28.04.2016 by finalizing the road cost at Rs.12,00,000/- per bus and total amount of Rs.96,00,000/- for 8 buses, including a free registration and free delivery within a week or latest by 10.05.2016. After such confirmation, the Complainant and 7 others transferred through TRGS to the Opposite Party's bank account in INDUSIND Bank Ltd., Valasaravakkam Branch, A/c No. 650014042286. Out of 8 buses, 5 buses only were delivered to other Partners of Children's Chariot, but not delivered to the 3 other Partners, including the Complainant as per the assurance given by the Opposite Party. Apart from the above, there are lot of defects in the 5 vehicles delivered by the Opposite Party like uncovered holes in the floor of the buses, missing of mike and speakers in 3 vehicles, shaky seats and the vehicles have no pag racks inside which were brought to the notice to the Opposite Party in the letter dated 22.06.2016 and thereby negligent and deficiency of service on the Opposite Party, besides non-delivery of 3 vehicles on time. In the meantime, the Opposite Party orally assured to the Complainant to hire some vehicles for transporting the school children and such charges would be borne by the Opposite Party and the same would be reimbursed to the concerned Partners, including the Complainant. Accordingly, the Complainant has also hired a vehicle for transporting the school children for 13 working days from 1 June till 16th June 2017 at Rs.2,500/- per day and totally incurred hire charges to the tune of Rs.32,500/- for hire charges. Thereafter alone, the vehicles were delivered belatedly, but the Opposite Party has not paid the said hire charges to the tune of Rs.32,500/- to the Complainant, even after repeated demands and requests made by the Complainant (others also) to the Opposite Party. Hence, the Opposite Party committed sheer negligence in delivering the subject vehicles within the specified time as agreed between the parties, but also not paid the hire charges to the tune of Rs.32,500/- as assured by the Opposite Party, which is a agreed between the parties as assured by the Opposite Party, which is a deficiency of service, for which the Opposite Party is answerable to the Complainant.

 The Complainant humbly further submits that the Opposite Party failed to pay the assured amount of hiring charges, the Opposite Party had sent a letter dated 08.09.2016 to the Opposite Party on 08.09.2016 for the due payment of Rs.1,65,000/-. As the Opposite party neither responded to the phone calls, personal meetings and letters nor cleared the due payments, the Complainant had sent another letter dated 12.10.2016 to the Opposite Party for the due payments of Rs.1,65,000/- failing which the matter would be referred to legal forum for the deficiency of the Opposite Party. As the Opposite Party had not responded to any of the letters issued by the Complainant, nor failed to clear the due payments, the Complainant is forced to issue a legal notice dated 13.02.2017 to the Opposite Party and even after receipt of the said legal notice, the Opposite Party neither responded nor replied so far, which clearly shows the deficiency of service, negligence and also caused mental agony and torture to the Complainant, for which equally compensated by the Opposite Party to the Complainant to the tune of Rs.5 lakhs, together with incurred hire charges of Rs.95,500/- to the Complainant by award of this Hon'ble Forum as claimed in the complaint. If this Hon'ble Forum will not interfere in the subject matter and passes necessary award, as claimed in the complaint, the Complainant will be put to loss and hardship. Hence this Complaint.

7.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 7^th of July 2022. 

 

S. NANDAGOPALAN                                                          T.R. SIVAKUMHAR                                                         B.JIJAA

        MEMBER II                                                                          MEMBER I                                                            PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	19.04.2013	Copy of Partnership Deed, including the Complainant
Ex.A2	05.05.2014	Opposite Party's letter to the M/s. Children's Chariots, i.e. to the Complainant's Partnership Firm
Ex.A3	04.06.2016	Complainant's letter through his representative to Opposite Party
Ex.A4	16.06.2016	R.C. Book of the Complainant
Ex.A5	22.06.2016	Complainant's letter through his representative to Opposite Party
Ex.A6	08.07.2016	Complainant's (Children Chariots) Bill raised to the Opposite Party
Ex.A7	26.07.2016	Complainant's (Children Chariots) Bill raised to the Opposite Party
Ex.A8	08.09.2016	Complainant's (Children Chariots) notice to the Opposite Party
Ex.A9	12.10.2016	Complainant's (Children Chariots) reminder letter to the Opposite Party
Ex.A10	13.12.2016	Complainant's legal notice to the Opposite Party
Ex.A11	-	A/D. card from the Opposite Party to complainant's advocate

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN                                                              T.R. SIVAKUMHAR                                                             B.JIJAA

         MEMBER II                                                                             MEMBER I                                                                 PRESIDENT