SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> The complainant Sri.T.K. Purushothaman has filed the complaint before this Forum alleging deficiency of service on the part of the opposite party. The case of the complainant is as follows:-The complainant is the absolute owner of a Ford Icon Diesel Car having Regn. No. KLA J/5606. On 20.9.2006 at about 8 a.m., the complainant purchased 39.10 Ltrs. of Diesel for the above said car and the same is poured in his car from the opposite party’s Petrol cum Diesel Bunk, which is named and styled as “M/s. Hiba Fuels”, K.P. Road, Kayamkulam and the complainant paid the entire price of the Diesel which comes to an amount of Rs.1501/- while using the Diesel purchased from the bunk of the opposite party; the above car became break down due to the water contents in the Diesel. After discontinuing the matter by phone with the owner of the Bunk and their mutual decisions, the complainant entrusted the said car with the authorized service centre of Ford Motor Vehicles, Kairaly Ford at Kottayam. Soon after the car was not able to move it was informed to the opposite party and opposite party issued a letter to the complainant stating that the 75% of the repairing charges and the price of Diesel to Rs.1501/- will be paid to the complainant. The repairing charge which caused due to the water contents in the Diesel was Rs.10,377/-. Since there was no positive response on the part of the opposite party, the complainant filed this petition seeking relief.<br /> 2. Notice was issued to the opposite party and it was accepted by him, but <br /> absent. On every adjournments, the complainant was present. Opposite party set exparte. <br /> 3. Complainant filed proof affidavit and produced 5 documents marked as Exts.A1 to A5. Complainant examined as PW1 and statements taken. He has stated that the statements noted in the proof affidavit are true and correct, and requested to take Exts.A1 to A5 as evidence. Ext.A1 is the receipt dt. 20.9.2006 for Rs.1501/- issued by the opposite party at the time of taking Diesel from the Bunk, together with the letter, with the seal of the opposite party’s Bunk, stating that they will bear 75% of the cost of the repairing charges, together with the refund of Rs.1501/-. Ext.A2 is the repair order form dt. 20.9.2006. Ext.A3 is the invoice bill for the charges for Rs.10,377/- issued by M/s.Kairaly Ford. Ext.A4 is the Lawyer’s Notice dt.2.11.2006. Ext.A5 is the notice of the Lawyer, returned with the endorsement “unclaimed”.<br /> <br /> 4. Considering the contentions of the complainant, this Forum raised the following issue:-<br /> Whether the complainant is entitled to get back the cost of Diesel, charges for repairing, compensation and costs from the opposite party establishing the deficiency of service as averred in the complaint? <br /> <br /> 5. The complainant poured the diesel worth Rs.1501/- from the opposite party’s Bunk by the complainant on 20.9.2006 and due to the excess water contents in the diesel the vehicle of the complainant was in break down. The opposite party has agreed to pay 75% of its total expenses and further agreed to refund Rs.1501/- towards the costs of the Diesel. But the opposite party was not turned up and neglected to pay the amounts. Considering the contentions of the complainant, Proof affidavit and other documents produced, the complaint is to be allowed, since there is deficiency of service and unfair trade practice on the part of the opposite party. <br /> In the result, we direct the opposite party to repay the price of Diesel of Rs.1501/- (Rupees one thousand five hundred and one only), 75% of the total repairing charges of Rs.10,377/-; which comes to Rs.7,783/- (Rupees seven thousand seven hundred and eighty three only), and compensation amount of Rs.5000/- (Rupees five thousand only) and a cost of Rs.1500/- (Rupees one thousand and five hundred only) to the complainant with 12% interest till the date of realization. We further direct the opposite party shall pay the above said amount to the complainant within one month from the date of receipt of this order. <br /> <br /> <br /> <br /> <br /> <br /> <br /> Pronounced in open Forum on this the 28th day of March, 2008.<br /> <br /> <br /> SRI. K. ANIRUDHAN :<br /> <br /> <br /> SRI. JIMMY KORAH :<br /> <br /> <br /> SMT. N. SHAJITHA BEEVI :<br /> APPENDIX:- <br /> <br /> Evidence of the complainant:-<br /> <br /> PW1 - T.K. Purushothaman (Witness)<br /> <br /> Ext.A1 - Original customer Copy<br /> <br /> Ext.A2 - Customer Details of Kairaly Ford<br /> <br /> Ext.A3 - Tax Invoice of Kairaly Ford<br /> <br /> Ext.A4 - Copy of the Legal Notice dated 2.11.2006<br /> <br /> Ext.A5 - Registered letter returned cover<br /> <br /> Evidence of the opposite party:- Nil <br /> <br /> <br /> <br /> <br /> Pr/-<br />