O R D E R

Smt. ShajithaBeevi.N (Member I):

                        The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.

                    2. The complainant’s case as follows:-Shri. AneeshRawther has filed this complaint before this commission with a request to rectifying major defects of this vehicle and additional expenses incurred by him for rectifying the defects.  It is alleged that the complainant has entrusted the vehicle to the opposite party for elected checkup the vehicle and rectified the mechanical defects permanently.  At the time of entrusting the vehicle for opposite party has assured that the defects of the vehicle should be rectified shortly but contrary to the said assurance.  The opposite party purposefully delays for assurance to case the defect now the vehicle in the industrial workshop of the opposite party.  Hence the complaint is filed notice issued to the opposite party to appeared before this commission for stating to reason for the dispute through version.  But the opposite party have not turned up.  Several chances were given to the opposite party for filed version.  But the opposite party declined to file version.  So the commission has made set ex-parte.

3. Complainant has filed in proof affidavit in support of his claim and produced documents in evidence that is Ext. A1 to A13.  So the commission has raised the following issues for consideration.

1. Whether there is any deficiency of service on the side of the

opposite party in rectifying the defects of the vehicle.

2. Whether the complaint is allowed or not.

3. Whether the opposite party entitled to pay cost and

compensation. 

4. We have perused the compliant and document produced in evidence.  It is stated that there is grossest deficiency of service in rectifying the defects of the vehicle and for return the vehicle to the complainant.  The entire facts and circumstances of this case shows that there is irresponsible way of dealing the matter committed by the opposite party.  This shows the unfair trade practice of the opposite party it shows that opposite party has not taken any steps to appeared before the commission for explained in the matter involved in this case.  In this context we are of the strong view that the allegation of the complaint is to be treated as genuine.  We have verified the documents produced by the complainant in detailed. 

5. In this context we have by directed the opposite party to rectify the defect of vehicle bearing reg. no. KL-609595 hand over the same to the complainant along with a Rs.1,00,000/- (Rupees One Lakhs only) incurred by him.  Considering the entire facts of this case opposite party shall pay Rs. 10,000/- (Rupees Ten Thousand only) as compensation to the complainant and a cost of Rs. 2,000/- (Rupees Two Thousand only) from this proceeding to the complainant.  It is further ordered that the opposite party shall comply this order within one month from the date of receipt of this proceedings.  Complaint allowed. 

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^thday of November, 2020.

                                                (Sd/-)                                                                                                                                                                                                                                                                                                                                                                      

Smt. ShajithaBeevi.N

(Member I)   

Sri. George Baby (President) :(Sd/-)

Sri.NishadThankappan (Member II) :(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1: AneeshRawther.

Exhibits marked on the side of the complainant:

A1: copy of job sheet dated: 18/05/2018.

A2: copy of the tax invoice dated: 31/05/2018.

A3: Registered letter, AD card & Postal Receipt sent toOpposite party’s Regional

Manager.

A4: Job sheets taken from 26/06/2018 to various dates.

A5: Bills for repairing the vehicle on various dates from 16/06/2018.

A6: Certificate for the work finished.

A7: Bills for use of Rs. 6,000/- for recovery service.

A8: copy of Job sheet dated: 29/05/2020.

A9: copy of repair estimate ofRs. 86842/- dated: 10/06/2020.

A10: ECM repairing bill dated: 13/10/2020.

A11: Receipt voucher of Rs. 10,000/- dated: 12/08/2020.

A12: Invoice summary dated: 16/10/2020.

A13: copy of the RC book and Policy details.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

Copy to:- (1) AneeshRawther,

Valiyavilayil, Thonnalloor,

Pandalam.

             (2)The Service Manager,

           Popular Authomatch,

          Kumbanadu.P.O, Pathanamthitta.

(3) The Stock File.