DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 29th day of October 2007.<br /> <br /> Present : Prof.O.Unnikrishnan, President in charge<br /> Smt.K.P.Suma, Member<br /> C.C.No.62/2007<br /> Ponnachan<br /> Driver<br /> S/o. Madhavan<br /> Ullas Bhavan<br /> Koravankandi, Agali<br /> Mannarkkad Taluk, Palakkad - Complainant<br /> <br /> V/s<br /> Ramesh<br /> Proprietor<br /> Tata Motors<br /> NearVizag Hospital<br /> Tippu Road, Anakkatti Road<br /> Mannarkkad Town, Palakkad - Opposite party <br /> <br /> O R D E R<br /> <br /> By Prof. O. Unnikrishnan, President in charge<br /> <br /> The brief facts of the complaint is as follows.<br /> <br /> The complainant is the owner of the Bus bearing Reg. No.KL 10E4375 and ekes out his livelihood of the income derived from the above mentioned bus service. According to the complainant opposite party made him believe that he could get one year guarantee if the repair work of the bus was carried out at Palakkad workshop through the opposite party. Believing their words, the complainant had entrusted the repair work of the Engine, Gear Box etc of the bus with the opposite party. <br /> <br /> - 2 -<br /> <br /> The complainant paid the opposite party an amount of Rs.40,294/- towards repair charges. He alleges that the vehicle turned defective before completing 3 months period due to the break down of Crank shaft. He has expended a sum of Rs.31,275/- for the repair work of crank shaft totally the complainant paid an amount of Rs.71,569/- in connection with the repair work of his bus.<br /> <br /> According to the complainant the bus was remained off the road due to the damage of casket. After examining the vehicle by the workers of another workshop at Palakkad, it was informed that the opposite party has not done any kind of repair works of the vehicle during the first time. The said facts were intimated to the opposite party and the opposite party and the complainant arranged a new casket for his vehicle as demanded by the opposite party . But the opposite party merely tightened the loosed bolt of the vehicle and promised the complainant that, there would not be any complaint to the vehicle in future.<br /> <br /> The complainant alleges that the vehicle was again got breakdown on its journey to Palakkad and therefore he had to refund the bus fair to the passengers. The same was informed to opposite party . But he did not turn up to check the vehicle but sent a worker named Sura. The workers of Palakkad workshop opined that that the total complaint of the vehicle was due to the improper repairing work done at the opposite party work shop. But Sura agreed to repair the overall complaint of the vehicle at their workshop.<br /> <br /> <br /> <br /> <br /> - 3 - <br /> The complainant further alleges that since the opposite party denied to conduct the repair works even after several requests over telephone, the complainant personally contacted the opposite party at his workshop. The opposite party agreed to carry out all the repair works from a workshop owned by one Viswanathan at Palakkad and agreed to pay all expenses for meeting the repair charges incurred. After completing the repair works the complainant contacted the opposite party for payment of repair charges. But the opposite party denied all commitments and threatened the complainant. Ultimately the complainant has made the payment of Rs.10,000 towards the said expenses..<br /> <br /> The complainant issued a lawyer notice to opposite party demanding Rs. 1 lakh as compensation towards the loss and damages and mental agony sufferred by the complainant. But the opposite party send a reply stating false allegation.<br /> <br /> According to the complainant, the aforementioned act of opposite party amounted to clear deficiency in service . Hence he has approached before this Forum and filed this complaint seeking an order directing the opposite party to pay an amount of Rs.1,00,000/- as compensation within 15 days .towards the financial loss and mental agony suffered by the complainant along with interest @12% p.a. from the date of order till realization and also costs of the proceedings.<br /> <br /> After admitting the complaint, notice was served to the opposite parties for their appearance before the Forum. Opposite party was absent inspite of accepting notice from the forum. Hence he was called and set exparte. <br /> <br /> <br /> - 4 -<br /> The complainant filed proof affidavit along with documents. Exhibits A1 to A21 was marked. The matter was heard. We have perused the proof affidavit as well as relevant documents produced before the forum. From the exhibits A1 to A19 it is clear that the complainant had expended a sum of Rs.71,569/- towards the price of spare parts and repair charges. In accordance to Exhibit A13 there is no doubt that the complainant has entrusted repair work with opposite party for an amount of Rs.9,020/-. The complainant has failed to substantiate the allegation that opposite party had not carried out the repair work properly and thereby committed deficiency of service. <br /> <br /> Hence we are not in a position to attribute deficiency of service on the part of the opposite party's as per the available evidence produced before the forum. The complaint is devoid of merits and hence dismissed without costs<br /> <br /> Pronounced in the open court on this the 29th day of October 2007.<br /> <br /> <br /> President in charge (SD) <br /> <br /> <br /> Member (SD)<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> - 5 -<br /> APPENDIX<br /> Exhibits marked on the side of the complainant<br /> Ext.A1 series- Two in numbers – Delivery note dated 01.10.06 issued by Visuwam Automobiles<br /> Ext. A2 – Cash memo No.73 dt.4.10.06 issued by Mannarkkad Taluk Pvt Bus<br /> Owners Association. <br /> Ext. A3 - Bill dt. 6.10.06 issued by Kairali Service Station<br /> Ext . A4 - Cash memo No.94 dt.5.10.06 issued by Mannarkkad Taluk Pvt Bus<br /> Owners Association. <br /> Ext. A5 - Cash memo No.96 dt.5.10.06 issued by Mannarkkad Taluk Pvt Bus<br /> Owners Association. <br /> Ext. A6 - Quotation dtd 5.10.06 for Rs.80/- issued by Capital Industrials <br /> Ext. A7- Bill dt. 5.10.06 issued by Kairali Service Station<br /> Ext. A8 - Memo dated 05.10.06 issued by Friends Engine Rebuilders<br /> Ext. A9 – Invoice No.929 dt.05.10.06 issued by Friends Engine Rebuilders<br /> Ext.A10 – Receipt dt.05.10.06 issued by Sridevi Engineering Works.<br /> Ext.A11 - Bill No.152 dated 05.10.06 for Rs.1929/- issued by Revathi Diesels <br /> Ext.A12 – Quotation dt.06.10.06 issued by Kevasan Industrial <br /> Ext. A13 – Charge Bill No. 312 dt.07.10.06 for Rs.9020/- issued by Tata Motors<br /> Ext.A14 – Memo dated 17.01.07 issued by Friends Engine Rebuilders<br /> Ext. A15- BillNo.253 dt.17.01.07 issued by Diesel Care<br /> Ext. A16– Delivery Note No.27257 dated 17.01.07 issued by Visuwam Automobiles (Two numbers)<br /> Ext A17 - Invoice No.B 11719 dt.17.01.07 issued by Focus Automobiles<br /> Ext A18- Cash Bill No. 16850 dt.29.01.07 issued by Visuwam Automobiles<br /> Ext- A19 - Labour charge bill dt.30.01.07 issued by Deepa Motor Works <br /> <br /> <br /> - 6 -<br /> Ext. A20 series – (3 nos) – Copy of Lawyer notice, Postal receipt & Acknowledgement card etc <br /> Ext A21 - Reply notice issued by opposite party <br /> <br /> Exhibits marked on the side of the opposite party<br /> Nil<br /> <br /> <br /> Forwarded/By Order<br /> Sd/-<br /> Senior Superintendent<br /> <br /> <br />