Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 1986.
2. The case of the complainant is that he had purchased a Tipper of TATA Motors Ltd make in the year 2014 bearing Regd.No. OD 19D 2436 by getting finance from Cholamandalam Investment and Finance Company Ltd. to earn his livelihood. The aforesaid vehicle was having a valid insurance policy bearing No. 16380031190008456 . On 16.10.2020 the aforesaid vehicle met with an accident while it was engaged at Sarda Mines, Keonjhar to transport iron ore to Jindal Plant.He lodged a report at Bileipada Beat House,Keojhar District on 17.10.2020 and informed the same to the opp.party No.3. As per the advice of the opp.party No.3 the complainant contacted opp.party No.1 who is the authorised dealer and service centre of Tata Motors Pvt.Ltd and shifted the damaged vehicle to the work shop. The complainant requested the opp.party No.1 to repair the damage vehicle as early as possible because it is the sole source of his livelihood. On 21.10.2020 the opp.party No.1 started job card of the vehicle but there after slept over the matter for long time beyond expectation. The complainant requested several times to the opp.party No.1 & 2 for early repair of the accident vehicle .On 09.03.2021 in advance the complainant has completed to pay Rs.2,50,000.00 to the opp.party No.1 as per his advice . Due to non-repairing of the vehicle, the complainant has taken hand loans from his friend amounting a sum of Rs. 7,00,000.00 to maintain his family and repay the loan amount. On 06.10.2021 the opp.party No.3 served a notice to the complaint to file inter alia, original estimate and original repairing bills, Invoice and money receipts within seven days other wise the claim filed by him would be closed as “No Claim”. On 15.11.2021 the complainant sent a letter to the opp.party No.1 for early delivery of the damaged vehicle along with all the required documents desired by the opp.party No.1 and sent copy of the said letter to the opp.party No.2 & 3. Due to inaction of the opp.party No.1 & 2 there was delay in delivery of the repaired vehicle, for which the complainant has sustained severe financial loss, mental agony etc. Hence this case.
3. Notices were issued to the opp.parties through Regd.post with A.D on 09.12.2021. From the A.Ds of opp.party No.1 & 2 it transpires that they have received the notice issued by this Commission on 14.12.2021 & 24.12.2021. Inspite of notice non of the opp.party No.1 & 2 turned up to file their show cause and contest the case. Opp.party No.3 appeared through his advocate and filed show cause. Basing on the memo of complainant, opp.party No.3 has been deleted on 07.06.2022.
4. On perusal of the complaint petition and the documents filed by the complainant it is clear that the complainant has availed finance from Cholamandalam Investment and Finance Company Ltd. in the year 2014 and purchased a truck which was registered as OD 19D 2436 .It is clear from the complaint petition that on 16.10.2020 it met with an accident , for which a report was made at Bileipada Beat House on 17.10.2020 .Annexure-1 is the photo copy of the registration certificate of the truck, where as Annexure-2 is the photo copy of the insurance policy relating to the vehicle of the complainant. On perusal of the said Annexure- 2 it is clear that the vehicle was insured under National Insurance Company and covered for the period 03.01.2020 to 02.01.2021. Annexure-3 is the photo copy of the report submitted by the complainant before the Beat In-charge of Bileipada Beat House on 17.10.2020 Necessary entry was made bearing S.D No.04 dtd.17.10.2020 .At paragraph- 8 of the complaint petition the complainant has mentioned that he has paid an amount of Rs. 2,50,000.00 to opp.party No.1 on 09.03.2021 . Annexure-4 is the photo copy of the statement which shows that on 09.03.2021 the complainant has paid an amount of Rs. 2,50,000.00 to the opp.party No.1 through HDFC Bank. It is specifically alleged that although the complainant has paid the repairing charges in advance , there is inordinate delay in repairing of the vehicle. Annexure-5 is the photo copy of the down load of the Job Card-Customer Copy , from which it appears that the service adviser attended the vehicle on 21.10.2020 in the premises of the opp.party No.1 and the repairing work was completed on 03.07.2021. However, it is alleged that the vehicle was handed over to the complainant by opp.party No.1 by taking 10 months extra time for delivery, although it could have been repaired within three months.
The opp.parties did not choose to appear before this Commission and contest the case. So the allegations made by the complainant on affidavit , appears to be true. There is also no material on record to disbelieve the allegations made by the complainant. The complainant is entitled for the damage as he has to pay more interest on the EMIs to the financer and lost his earing for the delay caused by the opp.parties. Certainly it amounts undue harassment, mental agony and financial loss to the complainant.
5. Hence order :-
: O R D E R :
The case be and the same is allowed exparte against the opp.party No.1 & 2. Both the opp.parties are jointly and severally liable to the complainant. They are directed to pay an amount of Rs.1,00,000.00 (Rupees One Lakh) to the complainant towards monetary loss ,mental agony caused to the complainant due to the deficiency in service by opp.party No.1 & 2. The opp.parties are also directed to the pay an amount of Rs.5,000.00 (Rupees Five Thousand) towards cost of litigation to the complainant. The opp.parties are directed to comply the order within one month from the date of receipt of this order, failing which the ordered amount will carry penal interest @12% p.a from the date of default till payment is made.
