IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 24th day of October, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member-I)
Smt. Sheela Jacob (Member-II)
C.C.NO.77/2014 (Filed on 19.06.2014)
Between:
Sri.K.C.Chacko,
Kothappallil House,
Neelipilavu.P.O,
Chittar – 689 663,
Pathanamthitta. ….. Complainant.
And:
Shinoy, Manager,
Ninan Motors( Yamaha)
S.H.Tower,
Kulasekharapathy,
Pathanamthitta.
Pin. 689 645.
(By Adv. Joseph. K) ….. Opposite party.
O R D E R
Smt. Sheela Jacob ( Member - II):
Complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he is the owner of a Yamaha Gladiator Bike bearing registration No.KL.3P/7396. It had some starting trouble. The complainant approached one workshop for repairing the vehicle. The workshop owner told the complainant to purchase spare part, starter vendex and directed him to approach the opposite parties firm Ninan Motors for purchasing it. The complainant approached the opposite parties firm and showed the damaged starter vendex. The opposite party ordered the starter vendex. Its price is Rs.200/-. The complainant paid Rs.100/- as an advance amount to the opposite party on 20-05-2014. Opposite party gave receipt to the complainant for the same.
3. On information from the opposite party, complainant went to the showroom for collecting the spare part ordered by him. Opposite party showed a brush set and asked to pay the balance amount of Rs.400/-. The complainant ordered starter vendex but the opposite party ordered the brush set instead of starter vendex. The complainant do not know English. So he could not read the name of spare part shown in the receipt. The complainant told the opposite party to give him the starter vendex or to return the advance amount of Rs.100/-. But the opposite party had not taken any positive steps to redress the grievance of the complainant so far. The above said act of the opposite party caused financial loss and mental agony to the complainant, which is a clear deficiency in service and the opposite party is liable to the complainant for the same. Hence this complaint for getting an order directing the opposite party to refund the advance amount along with compensation of Rs.200/-
4. In this case, the opposite party filed his version with the following main contentions. Opposite party totally denied the allegations of the complainant. According to the opposite party, the complainant came to his showroom and showed a brush set which is the spare parts of the Yamaha Gladiator Bike. That spare part was not there in his showroom. So the opposite party searched the spare parts catalogue and the complainant placed order after seeing the catalogue. The price of the brush set was Rs.500/-. The complainant agreed the amount and paid Rs.100/- as advance. The opposite party informed the complainant that the spare part reached his showroom. As per the information, the complainant came to the showroom. While seeing the brush set he told that he ordered the starter vendex spare part and not the brush set. The complainant never raised any objection regarding the spare part of brush set at the time of booking. Further he had also not raised any objection regarding the price of the spare part at the time of advance payment. The complainant’s argument that he did not know English is not correct because he also searched the spare part catalogue and allowed to order the brush set. The firm Yamaha had stopped the manufacturing of Yamaha Gladiator Bike and because of that if the complainant does not took the spare part, opposite party will incur a loss of Rs.400/- and the spare part will remain as dead stock in his showroom. The opposite party never made any laches or negligence in this regard. Therefore, the complainant has no cause of action against the opposite party and he is not entitled to get any of the relief sought for in the complaint. With the above contentions, opposite party prays for the dismissal of the complaint.
5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral deposition of PW1 and DW1 and Ext.A1 and MO1. After closure of evidence, both sides were heard.
7. The point :- The complainant’s allegation is that he approached the opposite parties showroom and showed the damaged spare part and ordered starter vendex and paid Rs.100/- as an advance amount to the opposite party. But the opposite party ordered the spare part, brush set instead of starter vendex. Therefore, he demanded the advance amount as his order was for starter vendex and not for brush set. But opposite party is not prepared to do so. The above said act of the opposite party is a clear deficiency in service and opposite party is liable to the complainant for the same.
8. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and he had produced one document which is marked as Ext.A1 and the damaged spare part of starter vendex produced is marked as MOI. Ext.A1 is the cash receipt dated 20-05-2014 issued by the opposite party in the name of the complainant for Rs.100/- in respect of the advance amount for the spare part. MOI is the damaged spare part of the starter vendex (12 pieces)
9. On the other hand, the contention of the opposite party is that the complainant showed the spare part, brush set and ordered the same. In the circumstances, he argued that he has not committed any deficiency in service and the complainant is not entitled to get any amount.
10. In order to prove the contentions of the opposite party, the opposite party filed a proof affidavit in lieu of his chief examination. He was examined as DW1. But he has not adduced any documentary evidence in favour.
11. On the basis of the contentions and arguments of the parties, we have perused the available materials on record and found that the complainant showed the starter vendex and and paid Rs.100/- as advance to the opposite party. The deposition of the complainant, Ext.A1 and MOI supports the allegation of the complainant. Since in the absence of any material evidence from the part of the opposite party for disproving the complainant’s case we find no reason to disbelieve the allegations of the complainant regarding his order. From the available evidence, we cannot find anything that opposite party has made any efforts to redress the grievance of the complainant which is a clear deficiency in service from the part of opposite party. Therefore, we find that this compliant is allowable.
12. However, the claim of the complainant is insufficient is in the nature of this case and a claim of the said megre amount is due to his ignorance. So this Forum is inclined to allow just, equitable, fair and reasonable compensation on the basis of the ruling, in Rajesh and others Vs. Rajbin sing and others, of the Hon’ble Supreme Court reported in 2013 ACJ 1403.
13. In the result, this complaint is allowed, thereby the opposite party is directed to return the advance amount of Rs.100/- (Rupees One Hundred only) to the complainant along with compensation of Rs.1,000/- (Rupees One Thousand only) and cost of Rs.5,00/- (Rupees Five hundred only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 24th day of October, 2014.
(Sd/-)
Sheela Jacob,
(Member – II)
Sri. JacobStephen (President) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : K.C. Chacko
Exhibits marked on the side of the complainant:
A1 : Cash receipt dated 20-05-2014 for Rs.100/- issued by
the opposite party in the name of the complainant.
Witness examined on the side of the opposite party:
DW1 : Shinoy. K
Exhibits marked on the side of the opposite party: Nil
Court Exhibits:
MO1 : Damaged spare part of the starter vendex (12 pieces).
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Sri.K.C.Chacko, Kothappallil House, Neelipilavu.P.O,
Chittar–689 663, Pathanamthitta.
(2) Shinoy, Manager, Ninan Motors( Yamaha)
S.H.Tower, Kulasekharapathy, Pathanamthitta.
Pin - 689 645.
(3) The Stock File.
