By Smt. Beena. M, Member:
This is a complaint filed under section 12 of Consumer Protection Act, 1986.
2. The Complainants case in brief is as follows:- The complainant is an auto driver and runs auto rickshaw for the purpose of earning his livelihood. While he was enquiring to buy an autorickshaw, the opposite party approached the complainant and told that he is ready to sell his auto rickshaw bearing registration No. KL-12-C 3639 Appe G.V. and also told that the vehicle is in a good condition having no complaints. Thereafter on 10-02-2019 the complainant had purchased the vehicle as per the term of an agreement entered between them and the complainant paid Rs.45,000/- as the vehicle price. At that time the opposite party handed over all relevant documents to the complainant and he assured that there is no problems will happen to him to change the RC and for getting fitness infavour of him. But later when the complainant approached the R.T Office, Kalpetta for changing the RC and for getting fitness he realized from there that the chassis number of the vehicle is not real and the chassis number appeared on the case was carved without the permission of the authority concerned and will be levied fine also. After that the complainant paid Rs.2,000/- towards fine and waited 3 months for getting the RC. The complainant suffered huge financial loss and there is a 3 months unnecessary delay also happened. Hence the opposite party is liable to pay the losses and damages happened to the complainant. He seeking Rs. 45,000/- as total damages from the opposite party.
3. The Opposite party duly received the summons and petition copy but he failed to attend before this Forum and hence the Forum declared him as ex parte.
4. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether the complainant is entitled to get refund of service
charge?
2. Compensation and cost.
5. Since there is no contrary evidence, the case is posted for complainant’s evidence and complainant has filed detailed proof affidavit in which he has narrated all the averments stated in the complaint in detail. He has produced copy of 3 documents which are marked as Exts.A1 to A3, original of the above document also produced for verification and returned. Ext. A1 is the agreement made between the complainant and opposite party, Ext. A2 is the copy of the RC, Ext. A3 is the receipt issued by the R.T.O.
6. Point No. 1 :- Since the opposite party remained ex party in the proceedings the documents produced by the complainant and the allegations set forth in the complaint are unchallenging things. The complainant had succeeded to prove his case that he is a consumer and he had purchased an auto rickshaw from the opposite party and it had a defect and he had financial losses and difficulties. On going through the available records and submissions the Forum found that there is deficiency of service has happened from the side of the opposite party and some difficulties sustained the complainant hence the point is found infavour of the complainant.
7. Point No.2:- Since the Point No.1 is found against the opposite party, he is liable to pay a reasonable compensation and costs of the case.
In the result, the complaint is allowed and the opposite parties are directed to pay Rs.5,000/- (Rupees Five thousand only) for damages, Rs. 3,000/- (Rupees Thee Thousand only) as compensation and Rs.2,000/- (Rupees Two Thousand only) as costs of the proceedings. The opposite party are here by directed to comply this order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 27th day of December 2019.
Date of filing:18.07.2019.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Jomon. K.G. Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Copy of Agreement. dt:10.02.2019.
A2. Copy of Certificate of Registration. dt:07.06.2019
A3. Copy of Receipt issued by the R.T.O, Wayanad.
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Exhibits for the Opposite Party:-
Nil.
