SMT.MOLYKUTTY MATHEW : MEMBER

        This is a complaint filed by the complainant  through his power of attorney holder U/S 35 of the Consumer Protection Act 2019  for an order directing  the OPs to pay an  amount of Rs.9,90,000/- towards the excess amount received , additional  cost and labour charge and compensation for mental agony caused  to the complainant for the deficiency of service and unfair trade practice  on  the  part of OP’s.

The brief  of the complaint :

    The  complainant  had purchased  a 1958 model Ambassador car on October 2020 bearing Reg No.KLR 3786 with new engine for a total amount of Rs.3,50,000/- from Mr.Jishnu K.S Palakkad, subsequently the RC also  changed into the  name of the complainant.  The OP’s who are the friends of the Jishnu K.S and introduced by him and approached the complainant and discussed about the additional works to the car.  The OPs agreed to do the  additional body and interior work of the car with all modern facilities like AC, Music, system, power steering, light, horn etc.  They also promised to complete the entire work within a short period of time and it will cost about 3 lakhs.  Trusting the words of OP the complainant entrusted the car bearing Reg No.KLR 3786 to OP’s workshop Palakkad during the 1^st week of November 2020.  The OP received an initial advance payment of Rs.50,000/- from the complainant  at the time of receipt of car.  Then the complainant send amount from  abroad to 1^st OP’s bank account No.7777050000 105433 maintaining  in South Indian Bank, Kuttippuram branch from 23/11/2020 to 6/6/2022.  The complainant send a total amount of  Rs.9,90,000/- through bank transfer and  direct payment.  During that period some restrictions due to the spreading of  Covid -19 the OP’s requested further time to complete the work.  On 11/3/2023 as the instruction of 1^st OP, the elder brother of complainant came to the workshop and to verify the progress of the work, he understood that the OPs have not done any additional work  to the vehicle and done some minor body works for which they had received a total amount of Rs.10,40,000/- from the complainant.  Then the complainant asked the details of the work done by the OPs.  But the OPs avoided to give explanations and information about the additional work and they delivered the vehicle with unfinished work.  The OPs done the work to the cost of Rs.2,50,000/- and they agreed to return an amount of Rs.7,00,000/- to the complainant and executed an agreement dtd.13/4/2022.  They agreed to return the amount within 3 months ie on 13/7/2022.  But they failed to do .  Then the complainant send a lawyer notice to OPs on 24/4/2023.  The OPs received the notice on 2/5/2023.  But neither paid the amount nor send  a reply to the complainant. The malicious intention of deceiving the complainant and obtaining money from the complainant through defective service and unfair trade practice on the part  of OPs. The act of OPs ,the complainant caused much mental agony and financial loss.  So there is deficiency in service and unfair trade practice on the part of OPs.  Hence the complaint.

           After filing the complaint, notice  issued to  both OPs .  Both OPs received the notice and not appeared before the commission and not filed version . The commission had to hold that the OPs have no version as such this case came to be proceed against the  OPs are  set  exparte.

    Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 5 documents marked as Exts.A1 to A5(series). The complainant  was examined as PW1.  So the OPs remained  absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents.  The complainant  had entrusted the car bearing Reg.No.KLR3786 to OPs for additional body and interior work of the car with all modern facilities.  He paid a total amount of Rs.9,90,000/- through bank transfer to 1^st OP’s South Indian Bank Kuttippuram branch.  The complainant send money  from the period from 23/11/2020 to 6/6/2022.  But the OPs delivered the car to complainant’s brother, Nandakumar with unfinished work.  Now the vehicle is kept at complainant’s house at Taliparamba.  In Ext.A1 is the power of attorney.  Ext.A2 is the copy of lawyer notice.  Ext.A3 is the acknowledgment card and Ext.A4 is the RC. In Ext. A5(series) is the transaction history report of the complainant to 1^st OP’s  account Rinshad Cholayil from 23/11/2020 to 6/6/2022.  The amount transferred to OP’s account through the  complainant’s brother ‘s account and complainant’s  wife’s  account also.  So it is clear that the complainant had paid money to OPs for completing the additional work of the  car.  But after receiving  huge amount towards the additional work of the car the OPs intention to deceiving the complainant and not completed the work also.  On 13/4/2022 the OPs agreed that to  return the excess amount to complainant within 3 months ie on 13/7/2022.  But the OPs  failed to do . So the OPs are  directly bound to redressal the grievance caused to the complainant. Therefore, we hold that the  OPs are jointly and severally liable to refund  Rs.7,90,000/- to the complainant along with Rs.30,000/-  as compensation for mental agony caused to  the complainant  Rs.10,000/- as litigation cost.

          In the result the complaint is allowed in part  directing the  opposite parties 1&2 are jointly and severally liable to  refund  Rs.7,90,000/- to the complainant along with Rs.30,000/-  as compensation for mental agony caused to  the complainant  Rs.10,000/- as litigation cost within  30 days of  receipt  of this order. In default the amount of Rs.7,90,000/- carries 12% interest per annum from the date of order till realization.  If the opposite parties fail to comply the order, the complainant is at liberty to execute the order as  per the  provisions  of Consumer Protection Act 2019.  

Exts:

A1-Power of attorney(original)

A2-copy of lawyer notice

A3- Acknowledgment card

A4-RC(copy)

A5(series) customer transaction history report  (5 in Nos)

PW1-Raghavan Nambiar –P.A  holder of Complainant

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                      MEMBER                                    MEMBER

Ravi Susha                                       Molykutty Mathew                           Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR