OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.106/2017
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar -Member
3) Md Jamatul Islam - Member
Mr Hajrat Ali -Complainant
S/O- S.I.Ahmed,R/O-Vill-Jogipara(Holibari),
P.O-Mondira,Near Maszid,P.S-Boko
Dist-Kamrup,Assam
Pin-7861127
-VS-
1) Poddar Autocorp Pvt Ltd. -Opp.Party
Pachim Boragaon,
N.H-37,Guwahati-781035
Dist-Kamrup(M),Assam
Represented by its Proprietor
Appearance:
Ld advocate Mr Amitabh Baruah & Ms Purnima Bailung for the complainant .
Date of exparte argument - 04.10.2018
Date of exparte judgment - 23.10.2018
EXPARTE JUDGMENT
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
1. The complaint filed by Mr Hajrat Ali, registered owner of a Supro Maxi Truck T2 vehicle against M/S Poddar Autocorp Pvt Ltd represented by its proprietor was admitted on 09/01/2018 and notice was served on the opp. party but they failed to file written statement and accordingly the case is proceeding on exparte against the opp. party vide this forum’s order dtd. 26/07/2018, The complainant side files his evidence on affidavit on 07/09/2018 and his counsel Ld advocate Mr Amitabh Baruah and Ms Purnima Bailung filed written argument on 04/10/2018 and Ld advocate Ms Purnima Bailung forwarded her oral argument on the same day and accordingly fixed the day of 12/10/2018 for delivery of judgment , but due to some technical problem in computer we couldnot deliver the judgment on that day, and today, we have delivered the exparte judgment, which is as below-
2. The case of the complainant in brief is that , the complainant is the registered owner of a Supro Maxi Truck T2 (Goods Carrier) vehicle bearing Registration No-AS01HC2572, which is insured with the New India Assurance Co.Ltd. and manufactured by Mahindra & Mahindra Ltd. .On 06/05/2017 , the said vehicle of the complainant met with an accident and got damaged when the driver lost its control and knocked a roadside tree at Singra Salbari area under Boko Police Station. The complainant handover his damaged vehicle to the opp. party who is an authorised dealer and service centre of Mahindra & Mahindra on 12/05/2017 for repairing and he also paid an amount of Rs.20,000/- on 21/06/2017 to the authorised personnel of the opp. Partry as advance for the said repair work. After receiving the said damage vehicle of the complainant, the opp. Party service centre issued an inventory list signed by one Shri Debojit Singha , an estimate list and a money receipt dtd. 21/06/2017 for the advance amount of Rs.20,000/- to the complainant and kept the custody of the complainant’s vehicle but did not repair the same even after lapse of several months . They ignored the repeated request of the complainant and even did not appear in the case after receiving notice from the forum. The act of the opp. Party amounts to negligence and thus the opp. party is liable to pay compensation to the complainant . The said vehicle is the source of earning for the complainant and he was earning Rs.30,000/- per month from the commercial use of his vehicle before the accident . The opposite party has neglected in providing agreed services to the complainant after repeated request and also kept the custody of the vehicle which has resulted in financial loss of Rs. 2,10,000/- at the rate of Rs.30,000/- per month to the complainant till filing of the case apart from mental agony , hardship and financial crisis . The complainant issued notice through his advocate to the opp. Party on 21/11/2017 asking for repairing and handing over his vehicle within 15 days but no action was taken by the opp. party.Hence he is entitled to get compensation from the opp. party for the financial loss , injury and mental agony suffered by him due to the negligence of the opp. party , he is also entitled to receive the cost of litigation and refund of advance money amounting to Rs. 20,000/- paid by him with a directed to (i) repair the damaged vehicle of the complainant within a time frame without charges , (ii)pay an amount of Rs.30,000/- only per month w.e.f. May ,2017 with interest thereon for loss of earning of the complainant ,(iii) refund the advance amount of Rs. 20,000/- paid by the complainant with interest ,and (iv) to pay an amount of Rs. 1,00,000/- only as compensation for financial crisis , mental harassment , cost of litigation and also punitive damages.
3. We have perused the evidence of the complainant . From the evidence of the complainant it is seen that , the complainant is the registered owner of a Supro Maxi Truck T2 (goods carrier) bearing Registration NO-AS01Hc2572 dtd. 24/10/2016 which is insured with New India Assurance Co.Ltd. and manufactured by Mahindra & Mahindra Ltd. and the said vehicle of the complainant met with an accident on 06/05/2017 at Singra Salbari area under Boko Police Station when the driver of the vehicle lost control and knocked a road side tree resulting in damage to the vehicle and the complainant handed over the damaged vehicle to the opp. party who is the authorised dealer and service centre of Mahindra & Mahindra Ltd, on 12/05/2017 for repairing and also paid an amount of Rs.20,000/- on the same day as an advance for the said repair work. It is also found that the authorised personnel of the opposite party issued an inventory list signed by one Shri Debojit Singha, an estimate list after receipt of the vehicle on 12/05/2017 and a money receipt dtd. 21/06/2017 to the complainant and the vehicle has been kept in custody by the opp. partry but did not repair the vehicle and ignored repeated requests of the complainant which amounts to negligence on the part of the opp. party and already 16 months have elapsed but nothing has been done by the opp. party nor they have appeared in this case after receiving notice from this forum.
It is also found from the evidence of the complainant that the vehicle is the source of earning for the complainant and he was earning Rs.30,000/- per month from the cmmercial use of his vehicle before the accident and the opp. party has neglected in providing agreed services to the complainant even after repeated request and also kept the custody of the vehicle which has resulted in financial loss per month to the complainant till filing of this complaint apart from mental agony , hardship and financial crisis . The complainant is entitle to get compensation from the opp. Party for the financial loss , injury and mental agony suffered by him due to the negligence of the opp. Party . The complainant is also entitle to receive the cost of litigation and refund of advance money amounting to Rs. 20,000/- paid by him. The opp. party is also liable to pay punitive damages to the complainant .The cause of action for the case arose on 12/05/2017, 21/06/2017,21/11/2017 and other precedent and subsequent dates . On admission of the complaint case by this forum, notices were served to the opp. party but the opp. party did not appear before this forum even after receipt of the notice . Thereafter after the case proceeding exparte due to the absence of the opp. party .
4. The complainant filed evidence in affidavit of Cw-1 the complainant himself who clearly stated the facts leading to the case in his evidence and exhibited the following documents .
Exhibit-1 is the Registration Certificate of the vehicle No-AS 01HC 2572
Exhibit-2 is the copy of Fitness Certificate of the vehicle No-AS 01HC 2572
Exhibit-3 & 3(i) are the copies of insurance of vehicle No- AS 01HC 2572
Exhibit-4 is the police report issued by the Officer-in Charge of Boko Police Station dtd .11/05/2017 (GDE No-210 of 06/05/2017
Exhibit-5 is the copy of MVI’s report
Exhibit-6 is the copy of inventory check list provided by the opp. party to the complainant
Exhibit-7 is the copy of estimate list provided by the opp. party to the complainant
Exhibit-8 is the Money Receipt dtd. 21/06/2017
Exhibit-9 & 9(i) are the copies of Pleader Notice dtd 21/11/2017 and postal receipt .
Exhibit-10 is the delivery report from Guwahati Post Office.
5. These documents support the evidence of the complainant . The evidence of the CW-2 Md Tafiqul Islam ,brother of the complainant has supported and corroborated the statement made by the complainant (CW-1). He stated that the vehicle of the complainant bearing registration No- AS 01HC 2572 met with an accident on 06/05/2016 and the said vehicle was handed over to the opp. party for repair and the complainant paid Rs. 20,000/- as advance to the opp. party for repairing of the vehicle . The opp. party issued inventory list , an estimate list and money receipt to the complainant but kept the vehicle in custody without repairing the same.
From the evidence on record , exhibited documents and the written and oral arguments of the complainant , it is clear that the complainant is the owner of a Supro Max Truck T2 vehicle bearing registration No- AS 01HC 2572 which is insured with the New India Assurance co.Ltd. and manufactured by Mahindra & Mahindra Ltd., met with an accident on 06/05/2017 and handed over to the opp. party for repairing on 12/05/2017 and also paid an advance amount of Rs. 20,000/- to the opp. party against repairing charge but the opp. party kept the vehicle in their custody without repairing the same for 17 months ignoring the repeated request of the complainant and did not even responded to the pleader notice issued by the advocate of the complainant resulting financial loss , harassment and mental agony to the complainant for which the complainant is entitled to receive compensation from the opp. party. As the opp. party has failed to appear in the case after getting opportunities and also failed to rebut the plea of the complainant , but the complainant has proved his case by adducing evidence and exhibiting docuiments .
6. Basing on the above discussion, we hold that , it is a fit case to direct the opp. party to repair the damaged vehicle of the complainant free of charge without any further delay. We also found that , due to the negligence of the opp. party in rendering service to the complainant , the complainant has to suffer financial loss and mental agony, for which the complainant is entitled to receive the cost of the litigation and refund of advance money amounting to Rs. 20,000/- paid by him to the opp. party and also entitled to compensation for causing financial crisis and mental harassment.
7. Summing up our discussion above, we hold that , the complainant has a prima facie case against the opp. party which he has succeeded to prove . Therefore , the complaint against the opp. party is allowed on exparte and they are directed to i) repair the damaged vehicle of the complainant within three weeks time free of charge , ii) refund the advance amount of Rs.20,000/- which was paid by the complainant with interest @ 6% per annum ,iii) to pay Rs.10,000/- as cost of the proceeing and iv) Rs.20,000/- as compensation for causing financial crisis and mental harassment to the complainant within 45 days , in default, other amounts shall also carry interest @12% per annum. It is further directed if the opp. party would fail to repair the said vehicle and make fit for plying, they would be liable to pay the value of the vehicle standed on the date of the accident.
Given under our hands and seal today on this 23rd October,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain) Member Member President
