By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to give back the excess amount of auto charge collected by the auto-rickshaw driver.
2. Brief of the complaint:- On 29.12.2014 the complainant and his wife travelled from Malankara to Kamblakkad in opposite party's auto-rickshaw. Actually this trip was a return trip. Usual rate for return trip from Malankara to Kamblakkad is Rs.9/- only, but here in this case opposite party collected Rs.120/- for this trip. As per the complainant, opposite party collected an excess amount of Rs.102/- from the complainant. More over that when complainant asked about the variation of rate, opposite party misbehaved and shouted against the complainant. According to the complainant this act of the opposite party is deficiency of service. Hence filed this complaint.
3. Notice to opposite part served on 20.01.2015 but opposite party not appeared before the Forum and not filed version. Hence opposite party is set ex-parte on 19.03.2015 and proceeded with the case.
4. On perusal of complaint and affidavit the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?.
2. Relief and Cost.
5. Points No.1 & 2:- Complainant filed proof affidavit and from the part of complainant no documents produced to prove his case. On considering the fact that opposite party not responded to the Notice send by this Forum, no need to disbelieve the complaint and oral evidence given by the complainant. Hence we opine that there is deficiency of service from the part of opposite party. So the complainant is entitled to get the excess amount collected by the opposite party with cost and compensation. The Points are decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to return Rs.102/- (Rupees One Hundred and Two) only as excess amount collected from the complainant and also directed pay Rs.500/- (Rupees Five Hundred) only as cost and compensation. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 1st day of April 2015.
Date of Filing:05.01.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. M. V. Baby (proof affidavit).
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
Nil.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
