Tamil Nadu

South Chennai

CC/347/2016

A.P.Sathya Murthy - Complainant(s)

Versus

S.kapur & Company - Opp.Party(s)

N.Anandan

21 Sep 2017

ORDER

                                                                        Date of Filing :  19.09.2016

                                                                        Date of Order :  21.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.347/2016

THURSDAY THIS 21^ST DAY OF SEPTEMBER 2017

 

A.P. Sathya Murthy,

No.27/191, V.V. Koil Street,

Thiruvalleeswarar Nagar,

Thirumangalam,

Chennai 600 040.                                        .. Complainant

 

                                        ..Vs..

 

M/s. S.Kapur & Company,

Rep. by Suptar Mohan Singh,

NO.20, General Patters Road,

Mount Road,

Chennai 600 002.                                      .. Opposite party.

 

Counsel for Complainant             :    M/s.N. Anandan & another       

Counsel for opposite party          :    Exparte.        

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party  under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.850/- towards the car body cover with interest and also to pay a sum of Rs.1,00,000/- towards mental agony and cost of the complaint.

 

1. The averments of the complaint in brief are as follows:

        The complainant submit that on 17.9.2015 he purchased a car body cover for his Volkswagen Polo car from the opposite party, after seeing the cover and sweet words of the opposite party that there is  separate space to cover the antenna etc for a sum of Rs.850/-.   On 18.9.2015 when the  complainant attempted to cover the car it is not suitable for Volkswagen Polo car only suitable for Maruthi Swift car.  Immediately the complainant took the car body cover to the opposite party and requested to exchange it.   But the opposite party refused to  give another car body car suitable for Volkswagen Polo car.    Accordingly the complainant issued legal notice to the opposite party on 19.9.2015 which was refused  by the opposite party.    As such the act of the opposite party amounts to deficiency of service which caused mental agony and hardship to the complainant.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore he was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A3  are marked. 

 

5. POINTS  1 & 2: -

1. Whether the complainant is entitled to a sum of Rs.850/- towards the car body cover with interest as prayed for ?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards mental agony with cost as prayed for ?

 

POINTS 1& 2:

•          

        In the result, the complaint is allowed in part.The opposite party shall giveVolkswagen Polo car body cover or shall pay a sum of Rs.850/- (Rupees Eight hundred and fifty only) towards cost of the car body cover and  also pay compensation of Rs.3,000/- (Rupees three thousand only) towards mental agony and cost of Rs.2,000/- (Rupees Two thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.      

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  21^st    day  of  September  2017.  

 

MEMBER-II                                                                     PRESIDENT.

Complainants” side documents:

 

Ex.A1- 17.9.2016  - Copy of receipt cum Ack. Card.

Ex.A2- 19.9.2015  - Copy of legal notice.

Ex.A3-         -       - Copy of returned RPAD cover.

 

Opposite party’s side document: -  .. Nil..

 

MEMBER-II                                                                      PRESIDENT.