By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Case of the complainant:-
Complainant had purchased an auto rickshaw having registration No KL-18G 1832 from opposite party by believing the assurance given by opposite party that all documents regarding the auto rickshaw were clear and it was free from all liabilities. After receiving the amount, opposite party took back the documents from complainant for registering the auto rickshaw in the name of complainant and registered it in complainant's name.
2. On 22/12/2020 when complainant approached RTO office to pay the amount, then the RTO directed the complainant to pay the dues which was pending to pay for Kerala Motor Transport Workers Welfare Fund Board. Then complainant informed them that there was no existing dues in his name . When complainant approached the Welfare Board, he realised that opposite party did not pay the welfare amount which was pending from 01/11/2010. As per their direction, complainant paid Rs. 8148/-. Actually it was the duty of opposite party to pay this amount. When complainant asked about this, opposite party shouted to complainant. Hence this complaint.
3. Prayer of the complainant is that he is entitled to get Rs. 8148/- which the amount he had paid to the welfare scheme and Rs. 20,000/- as the compensation for the mental agony and hard ship suffered by the complainant due to the deficiency from the side of opposite party.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the printout for paying the amount in Kerala Motor Transport workers welfare Fund Board by complainant, Ext.A2 is the copy of acknowledgement for receipt of money dated 22/12/2020, Ext.A3 is the copy of vehicle particulars.
6. The allegations against opposite party is proved by the unchallenged evidence
of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his complaint. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. We allow this complaint as follows:-
- The opposite party is directed to give Rs. 8,148/- (Rupees Eight thousand one hundred and forty eight only) to complainant, the amount he had already paid to the Kerala Motors Transport Welfare Fund Board.
- The opposite party is also directed to pay compensation of Rs. 5000/-(Rupees Five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.3000/-(Rupees Three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 5th day of August , 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Printout for paying the amount in Kerala Motor Transport workers welfare
Fund Board by complainant.
Ext.A2 : Copy of acknowledgement for receipt of money dated 22/12/2020.
Ext.A3 : Copy of vehicle particulars.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
