IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 30th day of September, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 179/2018 (filed on 01-09-2018)
Petitioner : Pyarilal,
S/o. Rajappan,
Sankaralayam,
S.H. Mount P.O.
Kottayam.
(Adv. K. Ubaideth)
Vs.
Opposite Party : Munidiyarakkal Fuels.
Illikkal, Kottayam,
Rep. by its Proprietor,
Eappachan,
Munidyarakkal,
Veloor P.O. Kottayam.
O R D E R
Sri. K.M. Anto, Member
The brief of the complainant’s case is as follows.
The complainant is the owner of Marui Swift VDI diesel car with Reg. No. KL-5/AJ 2792. The complainant visited the opposite party petrol pump with his car on 08-07-2018 for filling diesel in the car. The complainant paid Rs.1,000/- to an employee of the pump and asked to fill diesel for Rs.1,000/- in his car. After fuelling, the complainant started the vehicle and moved forward, then immediately an employee of the petrol pump rushed to him and requested to stop the car. On enquiry with the employee, it was informed to him that instead of filling diesel in the car, petrol was filled by the attendant in the petrol pump. On opening the fuel tank, it is clearly written there that the fuel of the car is diesel. Moreover the complainant explicitly mentioned to fill diesel in the car.
If diesel car is run with petrol it will cause damage to the engine of the vehicle. The complainant requested the opposite party to rectify the defects of the car. The opposite party failed to take any actions to rectify the defects. The complainant then took the vehicle to the Maruthi official service centre with the help of a recovery agent. He had to pay Rs.2,000/- as the cost for the recovery charges and Rs.3,003/- to the service centre for cleaning the fuel tank. Thus the complainant had incurred a total expense of Rs.6,503/-. The act of the opposite party in filling petrol instead of diesel in the diesel car and not taking any action to rectify the defects is deficiency in service on the part of the opposite party. Hence this case.
On admission of the complaint, copy of the petition was duly served to the opposite party.
Though the opposite party appeared before the Commission, he failed to file their version or to defend their case before the Commission. The opposite party was set exparte.
The complainant filed proof affidavit and exhibits A1 and A2 were marked.
On going through the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is deficiency in service on the part of the opposite party?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider point No.1 and 2 together.
Point No.1 and 2
On going through the complaint, proof affidavit of the complainant and evidence adduced, it is evident that the complainant visited the opposite party petrol pump with his car bearing Reg. No.KL-5/AJ 2792 on 08-07-2018 for filling diesel. The complainant paid Rs.1,000/- to fill diesel for Rs.1,000/- in the car. An employee of the petrol pump filled fuel in the car. The complainant then started the car and tried to move out of the petrol pump. Immediately another employee of the petrol pump rushed to him and asked him to stop the car. On enquiry, it was told to him that petrol was filled in the car instead of diesel.
The complainant requested the opposite party to rectify the defects caused to the vehicle due to the filling of petrol instead of diesel in the car. The opposite party failed to provide any steps to rectify the defects of the vehicle. The complainant himself took the car with the help of a recovery agent to the authorized service centre and the car get repaired by the authorized service centre.
Ext.A1 is the bill issued by the Shine Crane & Recovery Services for towing the car on 08-07-2018 from Illikkal to the Popular Maruthi Service Station. Ext.A2 is the bill issued on 09-07-18by Popular Maruthi Service Centre for cleaning the fuel tank and rectify the defects.
Section 2(1) (o) of Consumer Protection Act 1986 defines service as
“ ‘service’ means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service”;
Section 2 (1) (g) of Consumer Protection Act 1986 defines deficiency as
“ ‘deficiency’ means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.
Ext.A2 is the job card retails – tax invoice issued on 09-07-2018 by Popular Vehicles and services Pvt. Ltd. (Authorised Maruti Dealer) issued to vehicle no.KL-5/AJ2792. As per Ext.A2 fuel mixing petrol, fuel tank cleaning, fuel lines cleaning, replaced diesel fitter were done as repair works. This clearly shows that the diesel car was filled with petrol by the employee of the opposite party on 08-07-2018.
The negligent act of the employee of the opposite party in filling petrol instead of diesel in the diesel car of the complainant on 08-07-2021 is clearly deficiency in relation to the service to be provided by the opposite party to the complainant. Hence we allow the complaint and pass the following orders.
- The opposite party is directed to pay Rs.5,054/- to the complainant within 30 days from the receipts of this order.
- The opposite party is directed to pay Rs.2,000/- as compensation for mental agony and sufferings with cost Rs.1,000/- to the complainant.
The Order shall be complied with within a period of 30 days from the date of receipt of Order. If not complied as directed, the award amount will carry 9% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 30th day of September, 2021.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1–Bill No.1184 dtd.09-07-18 issued by Sun Shine Crane & Recovery Services
A2 – Bill dtd.09-07-18 for Rs.3,054 issued by Popular Vehicles and Services
By Order
Senior Superintendent
