Tamil Nadu

South Chennai

CC/54/2017

K.Ravi Shankar - Complainant(s)

Versus

M/s.KRSA Auto care, - Opp.Party(s)

Hasmukh, S.Surana

19 Sep 2017

ORDER

                                                                        Date of Filing :  31.01.2017

                                                                        Date of Order :  19.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.54/2017

TUESDAY THIS 19^TH DAY OF SEPTEMBER 2017

 

Mr. K.Ravi Shankar,

S/o. Srinivasamurthy,

Residing at No.10,

1^st Street, PTC Colony,

Kannappa Nagar, Kottivakkam,

Thiruvanmiyur,

Chennai 600 041.                                              .. Complainant

 

                                        ..Vs..

 

1.  KRSA Auto Care,

Rep. by its Authorized Representative,

 

2. Mr. Kathirasan,

Authorized Representative/Owner,

KRSA Auto Care,

 

3. Mr. Khan,

Supervisor/Manager, KRSA Auto Care,

 

All at NP 3B, Guindy Industrial Estate,

(Near Vodafone Office), Ekkatuthangal,

Chennai 600 032.                                              .. Opposite parties.

 

Counsel for Complainant             :    M/s. Hasmukh.S.Surana     

Counsel for opposite parties        :    Exparte.      

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to get return of the vehicle Skoda Fabia Classic (51 KW TDI) BSIV bearing Registration No.AP 28 CE 1591 and also to pay a sum of Rs.50,000/- with interest and also to pay a sum of Rs.2,00,000/- for mental agony with cost of the complaint.

1. The averment of the complaint in brief are as follows:

       The complainant submit that he purchased a vehicle Skoda Fabia Classic (51 KW TDI) DSIV in the year 2010 and was registered with the Telegana State Transport Department as vehicle Number AP 28 CE 1591.      The said vehicle was insured with Bajaj Allianz General Insurance Company Limited.  The complainant further state that on 28.5.2016 he parked his vehicle opposite to his house suddenly caught fire due to unknown reason resulting to a portion of the car damaged.  On 30.5.2015 the complainant lodged a complaint before the Sub-Inspector of Police, Thiruvanmiyur Police Station, Chennai.  Further the complainant state that after checking with various service centers in order to get the car repaired, the complainant on making all possible enquiries with the opposite parties and assurances given by the opposite parties the vehicle was given to the opposite parties on 31.5.2016 for due repair work. 

2.     Further the complainant state that while leaving the vehicle for service and repair when enquired about the cash less claim with Bajaj Allianz General Insurance Company Limited, the opposite parties without repairing the vehicle delayed the repair work by giving evasive reply.   Suddenly the opposite parties intimated the complainant to pay a sum of Rs.50,000/- as advance for such repair.  Till then the vehicle was kept idle in their garage.    The complainant with no other option on 17.8.2016 was  forced to depart with a sum of Rs.50,000/-.   Even after repeated requests through telephone calls and emails the opposite parties have chose to remain deaf.   The opposite parties has not returned the vehicle and kept the vehicle idle in garage.  As such the act of the opposite parties is amount to deficiency in service which caused mental agony and hardship to the complainant.  Hence the complaint is filed. 

3.     Inspite of receipt of notice the opposite parties  did not appear before this forum and therefore they were  set exparte.  

4.     Though the  opposite parties  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit has been filed by the complainant as his evidence, and also Ex.A1 to  Ex.A8  are marked. 

6.      The points for consideration is :

1. Whether the complainant is entitled to get return of the vehicle Skoda Fabia Classic (51 KW TDI) BSIV bearing Registration No.AP 28 CE 1591 as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.50,000/- with interest as prayed for ?

 

3. Whether the complainant is entitled to a sum of Rs.2,00,000/- for mental agony with cost as prayed for?

7. POINTS 1 to 3:

        The complainant purchased a vehicle Skoda Fabia Classic (51 KW TDI) DSIV in the year 2010 and was registered with the Telegana State Transport Department as vehicle Number AP 28 CE 1591.   Ex.A1 is the registration certificate.   The vehicle was insured with Bajaj Allianz General Insurance Company Limited. Ex.A2 is the policy.   The complainant further contended that on 28.5.2016 he parked his vehicle  opposite to his house which suddenly caught fire due to unknown reason resulting a portion of the car damaged.  On 30.5.2016 the complainant lodged a complaint before the Sub-Inspector of Police, Thiruvanmiyur Police Station, Chennai.    Ex.A3 is the copy of the complaint and Ex.A4 is the copy of the FIR.  Further the complainant contended that after checking with various service centers in order to get the car repaired, the complainant on making all possible enquiries with the opposite parties and assurances given by the opposite parties the vehicle was given to the opposite parties on 31.5.2016 for due repair work.  Ex.A5 is the job card.  Further the complainant contended that while leaving the vehicle for service and repair when enquired about the cash less claim with Bajaj Allianz General Insurance Company Limited, the opposite parties without repairing the vehicle delayed the repair work by giving evasive reply.   Suddenly the opposite parties intimated the complainant to pay a sum of Rs.50,000/- as advance for such repair, till then the vehicle was kept idle in their garage.    The complainant with no other option on 17.8.2016 was  forced to pay with a sum of Rs.50,000/- as per Ex.A6.   Even after repeated requests through telephone calls and emails the opposite parties have chose to remain deaf.   The opposite parties has not returned the vehicle and kept the vehicle idle in garage.  Hence the complainant issued notice Ex.A7.   The complainant is trying to return the vehicle with the amount paid.  But on careful perusal of the entire records it is seen that the insurance company is not added as a party to settle the claim as per the terms and  conditions of the policy.     The cash less repairing work on the basis of insurance policy shall be worked out by the complainant and the insurance company.    The opposite parties is duty bound to repair the vehicle on payment of charges claimed as per Ex.A6 paid.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to return the complaint mentioned vehicle after duly repaired within one month from the date of this order i.e. 19.9.2017 and the complainant shall pay cost of the repairing charges and the repairing charges may be claimed from the insurance company in accordance with the law and the opposite parties also shall pay compensation of Rs.5,000/- towards mental agony and cost of Rs.2,000/- to the complainant and points are answered accordingly.

        In the result the complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to return the complaint mentioned vehicle after duly repaired within one month from the date of this order i.e. 19.9.2017 and the complainant shall pay cost of the repairing charges and the repairing charges may be claimed from the insurance company in accordance with the law and the opposite parties also shall pay compensation of Rs.5,000/- (Rupees Five thousand only) towards mental agony and cost of Rs.2,000/- (Rupees two thousand only) to the complainant.

          The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  19^th    day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1-         -       - Copy of certificate of registration for the vehicle.

Ex.A2.         -       - Copy of policy for the vehicle.

Ex.A3- 30.5.2016  - Copy of police complaint given by the complainant.

Ex.A4- 30.5.2016  - Copy of FIR in Crime No.1034/2016.

Ex.A5- 31.5.2016  - Copy of Job card issued by the opposite party.

Ex.A6- 17.8.2016  - Copy of receipt for having paid Rs.50,000/-

Ex.A7- 30.11.2016         - Copy of legal notice.

Ex.A8-         -       - Copy of Ack. Card and online tracking status for receipt.

 

Opposite party’s side document: -  .. Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.