DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 21^th day of December 2023

CC.205/2022

Complainant

C. Jayatheesh,

S/o. Chnadran,

Jas Appartments,

                        Mozhikkal,

Kozhikode – 12

           (By Adv.  Sri. K. P. Bsheer)

Opposite Parties

P. Rajendran Babu,

Proprietor Metrotech Workshop,

Palakkat Vayal,

Near Palakkode Temple,

Calicut - 673008

            (By Adv.  Sri. Anil Kumar. M)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

The complainant is a driver by profession. On 22/11/2021 he entrusted his Chevrolet Tavera Car bearing registration No. KL-03-P-9618 for repairs in the workshop of the opposite party. The repairs were for central lock system, diesel gauge connection, reverse camera switch and music system. The opposite party had agreed to deliver back the vehicle after repairs within 2 days. But the work was not completed within that time. On 25/11/2021 the opposite party issued a bill for Rs. 5,690/-. But the work done was not proper. He had also done some work which was not requested for. The air conditioner in the car had no complaints, but the opposite party told that he had repaired the Ac. In fact on, 05/11/2021 he had repaired the AC and it was working properly. Without doing any repair work to the AC, the opposite party charged exorbitant bill. After making the payment, the complainant took the vehicle from the workshop, but within 2 days it was realised that the opposite party had cheated him and did not carry out the repairs properly. Hence he took the vehicle to the opposite party and wanted to rectify the defects. The opposite party stated that he had no time and asked to come after one week. The complainant took the vehicle to the workshop after one week. But the opposite party was not ready to carry out the repairs without additional payment and he threatened him.The act of the opposite party amounts to deficiency of service and the complainant was put to great metal agony and pain and he could not run the vehicle for 2 months, the income from which, is the only source of his livelihood. The opposite party has extracted an amount of Rs. 5,500/- from him without doing proper repairs. On 18/02/2022 a lawyer notice was issued to the opposite party, but it evoked no response. Hence the complaint for refund of the amount of Rs. 5,500/- along with compensation.

3. The notice issued from this Commission on 26/08/2022 was duly served on the opposite party. But the version was not filed within the period prescribed by the statute and hence he was set exparte. Later on 24/11/2022 the opposite party filed written version along with IA No. 342/2022 to set aside the exparte order and to receive the version. IA No. 342/2022 was dismissed as per order dated 13/12/2022.
4. The points that arise for determination in this complaint are;                                                                                                                            1)Whether there was any deficiency of service on the part of the opposite party, as alleged?

               2) Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 to A8 were marked.
6. Heard.
7. Point No.1: The complainant is alleging deficiency of service on the part of the opposite party in the matter of repair of his vehicle. The specific allegation is that the opposite party, despite charging Rs. 5,500/-, did not carry out the repairs to the vehicle properly and there was further neglect on his part to redress his grievances in this regard.
8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the bill dated 18/09/2021, Ext A2 is the bill dated 28/09/2021, Ext A3 is the bill dated 25/09/2021, Ext A4 is the bill dated 25/11/2021 issued by the opposite party, Ext A5 is the copy of the lawyer notice dated 18/01/2022, Ext A6 is the reply notice dated 09/02/2022, Ext A7 is the copy of the driving licence and Ext A8 is the copy of the registration certificate.
9. The evidence of PW1 stands unchallenged. The opposite party did not file the written version within the prescribed time and there is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A8. The act of the opposite party in not carrying out the repairs properly after having received Rs. 5,500/- as repairs charges amounts to gross deficiency of service. The complainant was put to gross mental agony and inconvenience due to the latches and negligence of the opposite party. He was not able to ply the vehicle, the income from which is the sole means of his livelihood. The complainant deserves to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings from the opposite party.
10. Point No. 2 :In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 205/2022 is allowed in part.
2. The opposite party is hereby directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant.
3. The opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.
4. The payment as afore stated shall be made within 30 days of the receipt of  the copy of this order, failing which, the amount of Rs. 10,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.

Pronounced in open Commission on this, the 21^st day of December, 2023.

Date of Filing: 12/08/2022

                                      Sd/-                                                              Sd/-                                                         Sd/-

                              PRESIDENT                                                 MEMBER                                              MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Bill dated 18/09/2021.

Ext A2 – Bill dated 28/09/2021.

Ext A3 – Bill dated 25/09/2021.

Ext A4 – Bill dated 25/11/2021 issued by the opposite party.

Ext A5 – Lawyer notice dated 18/01/2022.

Ext A6 – Reply notice dated 09/02/2022.

Ext A7 – Copy of the driving licence.

Ext A8 - copy of the registration certificate.

Exhibits for the Opposite Party

Ni.

Witnesses for the Complainant

PW1 -   C. Jayatheesh, (Complainant)

                                            Sd/-                                                              Sd/-                                                        Sd/-

                                   PRESIDENT                                                   MEMBER                                             MEMBER

True Copy,      

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                                                                Assistant Registrar.