Tamil Nadu

North Chennai

CC/55/2016

Mrs.R.Sumathi - Complainant(s)

Versus

M/s.JMB Yamaha - Opp.Party(s)

T.S.RajaMohan

05 Dec 2016

ORDER

 

 

                                                            Complaint presented on:  12.02.2016

                                                                Order pronounced on:  05.12.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 05^th DAY OF DECEMBER 2016

 

C.C.NO.55/2016

 

 

Mrs.R.Sumathi,

Wife of T.S.Rajamohan,

No.30/67, IV Main Road,

Jawahar Nagar,

Chennai – 600 082.

                                                                                            ..... Complainant

 

..Vs..

	M/s.JMB Yamaha, Rep. by its Manager, No:7, “S” Block, Anna Nagar, Chennai – 600 040.
	.....Opposite Party

Date of complaint                                  04.05.2016

Counsel for Complainant                      : M/s.T.S.Rajamohan

Counsel for opposite party                       : Ex - parte

 

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased one brand New Yamaha Scooter from the Opposite Party on payment of consideration of Rs.66,978/- which includes cost of the vehicle on road, including accessories such as vehicle seat cover, mud flap, vehicle steel  guard and two year extended warranty for a sum  of Rs.555/-. The vehicle was delivered to the Complainant on 18.09.2015 with delay and registration was done only on 24.09.2015. Further the RC was handed over to him with a delay of 45 days. Even though the Opposite Party received full payment   for the accessories such as seat cover, mud flap, vehicle steel guard was not provided to him in spite of several times the Complainant asked the Opposite Party. Further the Opposite Party has not provided extended warranty for two years even though he has received Rs.555/- for that purpose. The Complainant also issued legal notice. Even after that he did not supply the accessories and extended the warranty and therefore the Opposite Party committed Deficiency in Service. Hence the Complainant filed this Complaint to provide the above said accessories and also refund the amount collected for the extended warranty and compensation for mental agony with cost of the Complaint.

          2. Though the Opposite Party received notice, he did not appear on 02.09.2016 and hence the Opposite Party was called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A4 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          The Complainant purchased one New Yamaha Scooter for a consideration of Rs.66,978/- under Ex.A2 receipt issued by the Opposite Party to the Complainant for receipt of the said money.  Initially the Complainant issued invoice for an amount of Rs.64,173/- under Ex.A1 dated 10.09.2015. Subsequently the Complainant wanted accessories  such  as vehicle seat cover, mud flap, vehicle steel  guard, and hence the Opposite Party including the cost of the accessories  asked the Complainant to pay Rs.66,978/-.  The invoice amount lesser than the amount paid under Ex.A2 proves that the accessories amount also collected by the Opposite Party on 16.09.2015.

          7. The Complainant called several times to the Opposite Party Mobile No.9043400757; however the Opposite Party had not supplied the accessories. The Complainant also sent Ex.A4 notice to the Opposite Party, even after such notice the Opposite Party did not supply the accessories. Further under Ex.A1 invoice the Opposite Party specifically collected for extend warranty a sum of Rs.555/-. Even such extended warranty also not sent to the Complainant. The Opposite Party remained ex –parte and there is no contra evidence on behalf of him. Therefore we hold that the Opposite Party has committed Deficiency in Service to the Complainant even after receipt of money by not furnishing extended warranty for two years and failure to supply the accessories to him.

8. POINT NO: 2

          Though the Complainant pleaded in the Complaint that vehicle seat cover, mud flap, vehicle steel  guard  was not supplied to him, in the prayer   he had asked only to provide seat cover for her two wheeler vehicle. Therefore it would be appropriate to order the Opposite Party to provide seat cover to the two wheeler sold by him to the Complainant. Further the Opposite Party had not furnished additional warranty inspite of that he had collected a sum of Rs.555/- for the purpose and therefore it would be appropriate to order to refund such amount of Rs.555/- to the Complainant. The Opposite Party failed to provide seat cover and extended warranty to the Complainant and hence the Complainant suffered with mental agony is accepted and for the same, it would be appropriate to order a sum of Rs.5,000/- towards compensation for mental  agony, besides a sum of Rs.5,000/- towards litigation expenses.  

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.555/- (Rupees five hundred and fifty five only) to the Complainant and also to pay a sum of Rs. 5,000/- (Rupees five thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

 

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 05^th  day of December  2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 10.09.2015                            Invoice

Ex.A2 dated 16.09.2015                            Receipt for full payment

Ex.A3 dated 23.09.2015                            R.C.Book

Ex.A4 dated 26.10.2015                            Complainant’s Lawyer Notice with

                                                              Acknowledgement card

 

 

MEMBER – II                                                               PRESIDENT