IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 18TH DAY OF August 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.No.90/2018
M.P.Muraleedharan Nair : Complainant
C/o Jyothi.V
Staff Nurse , R.P.L Hospital
Ayiranalloor Estate , IV th Block
Maniyar P.O,
Punalur- 691325
V/S
Romai : Opposite party
JHL Trading LLP
Opposite Tip Top Furniture
Polayathodu
Kollam
ORDER
Sri. E.M.MUHAMMED IBRAHIM , B.A, LLM,President
This is a case based on a complaint filed under Section 12 of the Consumer Protection Act.
The averments in the complaint in short are as follows.
The complainant on 24/10/2016 purchased one Romai Hawak -60 VE scooter for paying Rs.35,000/- in ready cash after deducting exchange offer and special offer. The person deputed by the opposite party company has delivered the scooter by ridding the same towards RPL Koluthupuzha where the complainant has been residing. Fourteen months warranty was also given to the vehicle at the time of purchase. The total price agreed was Rs.39,000/- . The complainant exchanged his old scooter for Rs.4000/- and also paid Rs.35,000/- in cash towards the price of
(2)
the Romai Hawak - 60 VE scooter. He used the said scooter for about 7 months by charging the battery once or twice in a week. But later the charge of the battery happened to come down immediately and the battery become useless. The mileage of the charge of the battery was also lost. The complainant contacted the company and it was understood that the function of the Karunagappally office has been stopped and also directed to contact to the showroom of the Polayathodu , Kollam . The complainant made a complaint at the Polayathodu office but they have not paid any heed to his complaint. Though he made a complaint before Secretary, Consumer Council Yeroor Unit who in turn filed a complaint before the Manager Romai, JHL Trading LLP, Opposite Tip Top Furniture , Polayathodu, Kollam , no reply was received. The battery has become useless. The complainant could not ride the said vehicle. The opposite party has caused mental harassment to the complainant apart from economical loss and thereby the opposite party has committed deficiency in service.
Though notice was served the opposite party has not turned up hence the Forum decided to proceed further in the absence of the opposite party and posted for recording evidence . The complainant filed affidavit in lieu of chief examination and got marked Ext.P1 to Ext.P5 documents. As the opposite party has not co-operated with trial and not cross examined the complainant they were set exparte. Ext.P1 is the cash bill issued to the opposite party in favour of the complainant while selling the scooter to the complainant. Ext.P2 is the warranty
(3)
book given to the complainant while selling the vehicle. Ext.P3 is the notice dated 09/03/2018 issued to the opposite party on behalf of the complainant by the Secretary Consumer Council , Yeroor , Unit . Ext.P4 is the postal acknowledgment card evidencing the receipt of P3 notice by the Manager of the opposite party. Ext.P5 series are the copy of whats app and email messages. In view of the unchallenged averments in the proof affidavit coupled with Ext.P1 to P5 series documents we are satisfied that the complainant has established his case. Therefore the complainant is entitled to get the relief sought for in the complaint.
In the result complaint stands allowed in the following terms.
The opposite party is directed to replace the battery of the scoter within 30 days from the date of this order. The complainant is directed to produce the vehicle to replace the battery at the showroom at Polayathodu along with a copy of this order and in such event the opposite party shall replace the battery and make the vehicle in running condition and also give warranty for the further period of 7 months.
The opposite party is also directed to pay Rs.2000/- as costs of the proceedings to the complainant.
If the opposite party fails to comply with the above directions the complainant is entitled to realize Rs.39,000/- (the value of the scooter ) with
(4)
interest @12% per annum from the date of complaint till realization with costs Rs.2000/- from the opposite party and his assets .
As the major relief is granted no compensation is awarded.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 18th day of August 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR: Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1 :- Cash bill issued to the opposite party in favour of the complainant
dated 24/10/2016 .
Ext.P.2:- Warranty book
Ext.P.3:- Notice dated 09/03/2018
Ext.P.4:- Postal acknowledgment card
Ext.P.5 (series):- copy of whats app and email messages
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar:-Sd/-
Forwarded/by Order
Senior Superintendent
