D.o.F:11/11/16
D.o.O:31/5/2017
IN THE CONSUMER DISPUTES REDRESSAL FORUMIDDUKKI
CC.NO.312/16
Dated this, the 31st day of May 2017
PRESENT:
SRI.S.GOPAKUMAR : PRESIDENT
SRI.BENNY.K. : MEMBER
Benady Thomas, S/o Thomas,
Muthukattil House, Vazhathope Kara,
Idukki Colony Po, Idukki 685602. : Complainant
(Adv.Babichen V.George)
1. Service Manager, M.G.F Motors Ltd
Kattapana Kottayam Road,
Thovarayar Po. Kakkattukada, Idukki.
2. M.G.F Motors Ltd, Kattapana Kottayam Road, : Opposite parties
Thovarayar Po. Kakkattukada, Idukki.
Represented through its General Manager
ORDER
SRI.BENNY.K. : MEMBER
Complainant is in absolute possession and enjoyment of a Hyundai 120 car bearing Reg.No.KL06G 5999. The registered owner who is employed in U.K and he had entrusted the vehicle to the complainant. The said vehicle met with an accident was entrusted for repairs to Ist opposite party, who is the authorized dealer and service centers of Hyundai cars in Kerala . After repair the vehicle was returned to the complainant on 30/7/16. For the repairing charges an amount of Rs.82,436/- vide two bills of Rs.44,773/- and Rs.37,663/- was paid to the 1st opposite party. While on 17/9/16 the complainant and his family travelling from Cheruthony to Ernakulam suddently the car was stopped at Meenmutty. The car was taken to opposite parties work shop at Kattappana on the next day by using recovery van and in kept it for repair and on enquiry the Ist opposite party told that engine was brake down and it has to be a major engine repair may cost around one lakh rupees. The complainant is not responsible to bear the cost of the said major repairs. On the other hand opposite pare exclusively liable for the engine break down as the major repairs and maintenance was done in their workshop spending more than one month in the custody and supervision of opposite parties. Since the vehicle was met with an accident, the opposite parties ought to have applied all reasonable pendency and care while doing the repair of the vehicle. But here the car stopped and needed a major engine repair when the car had plied only 150 kms after repair. If due care was taken by the opposite party in repair then engine repair would not have happened. Here the complainant is entitled to get the engine repair at the cost of the opposite parties. Severe deficiency in service is caused to the complainant due to the negligent act of the opposite parties. Hence the complainant approached before the Forum for getting a direction to carry out the entire repairs and engine break down of the car at their expense and Rs.1,00,000/- for deficiency in service and Rupees one lakh for mental agony and Rs.5,000/- as cost of the proceedings
2. Opposite parties never filed any written version and remained absent hence set exparte.
3. The point for consideration is whether there is any deficiency in service on the part of opposite parties and if so for what relief the complainant is entitled to ?
4. The evidence consists of oral testimony of PW1 and Exts.P1 & P2 marked from the side of the complainant. Opposite party set exparte.
5. The Point: The complainant is examined as PW1. He is the absolute possession and enjoyment of a Hyundai 120 car bearing Reg No.KL06 G5999. The RC owner Sri.Gins Augusten employed in U.K and he had entrusted the vehicle to the complainant. The vehicle met with an accident and was entrusted the authorized service centre for repair who is the 1st opposite party. After repair the vehicle was returned to the complainant on 30/7/2016 after paying the repairing charges Rs.82,436/-. On 17/9/2016, while the complainant and his family travelling from Cheruthony to Ernakulam, the car suddenly stopped near Meenamutty in forest area. The next day the car was taken to opposite parties work shop at Kattapana using recovery van. On enquiry to Ist opposite party, told that the engine was brake down and it need a major engine repair and it may cost around one lakh rupees. Opposite parties are liable for the engine break down as the major accident repairs and maintenance was done in their work shop spending more than one month in the custody and supervision of the opposite party Since the vehicle was met with an accident, the opposite parties ought to have applied all reasonable pendency and care while doing the repair work. But the car suddenly stopped after plied only 150 kms after repair. If due care was taken by the opposite party in repairing the engine brake down will not have happened. Hence the complainant is entitled to get the engine repair at free of cost . If it’s a clear deficiency in service on the part of the opposite parties.
6. Opposite parties remained absent and not even filed any written version and has not contenting the allegation of the complainant.
We think that the complainant entrusted the vehicle for the authorized work shop for all the accident repair. It is the duty of the opposite party to apply all reasonable prudency and care while repairing. After plying only 150 kms of repairing, the engine broken and vehicle suddenly stopped is a clear deficiency in service. If the opposite parties taken due care in repair, the engine broken down would not have happened.
Hence the petition is allowed opposite parties are directed to repair the engine with free of cost with full satisfaction of the complainant and also directed to pay Rs.10,000/- as compensation for mental and financial loss within 30 days from the date of receipt of copy of this order failing which the amount shall carry interest at 12% per anuum for the above said amount from the date of default.
Pronounced in the open forum on this 31st day of May 2017
Sd/
SRI.BENNY.K :MEMBER
Sd/
SRI.S.GOPAKUMAR : PRESIDENT
Exts:
P1& P2-Service/spare tax invoices
Pw1-Benady Thomas- complainant
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
