O R D E R
By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The case of the complainant is that on 16-09-2019, the complainant approached Muttil Akshaya Centre, owned and managed by the opposite party, for remitting fees to the Kalpetta Transport Authority towards the renewal of driving licence and to change the address in driving licence. For this one Sreelal, who is the manager of the said Akshaya centre, transferred Rs. 1,160/- from the account of the complainant to the account of Akshaya Centre by using ATM Card. But he has not given any receipt for the fees. And he demanded to keep the application form and related documents (original license, eye test report etc) in Akshaya Centre . There after the complainant on many occasions enquired about the application directly and
through phone. All those time the opposite party give assurance to complainant that he will make it as soon as possible. The validity of licence was upto 28/10/2019. After 45 days from the date the opposite party accepted fee from the complainant, on 31-10-2019 the opposite party remitted the part of fee i.e. Rs.460/-. On 1/11/2011 the complainant directly gone to Thalassery to make transfer the amount from the fees paid to SRTO Thalassery to the R.T.O Wayanad. The act of the opposite party amounts to negligence and clear case of deficiency in service and unfair trade practice. The Complainant had suffered many difficulties and having mental agony also. Hence this petition is filed to direct the opposite party to pay Rs.3,000/- as compensation for his loss and sufferings.
3. The Opposite party not entered appearance his name called absent and set him exparte.
4. On perusal of complaint and documents the Forum raised the following points for consideration:-
- Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled to get compensation?
5. On the side of the complainant he was examined as PW-1 and marked Exhibits A-1 to A-5.
6. Point No. 1 and 2 :- For the sake of convenience and brevity these points are considered together. This is a case of deficiency in service alleged to have done by the opposite party. Since the opposite party is ex parte there is no challenge against the evidence. Here the complainant succeeded in substantiating his case by producing document.
7. Therefore the forum found that this is a clear case of deficiency in service and gross negligence on the side of the Opposite party. Hence the opposite party is liable to compensate the complainant for the damages sustained to him. These points answered infavour of the complainant.
In the result, the complaint is allowed. The opposite party is directed to pay an amount of Rs.3,000/- (Rupees Three thousand only) as compensation. The opposite party is 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 14th day of January 2020.
Date of filing:13.11.2019.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Johnson. C.J. Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Copy of Receipt. dt:16.09.19.
A2. Copy of Receipt. dt:30.10.2019.
A3. Copy of Letter. dt:04.11.2019.
A4. Copy of Receipt.
A5. Copy of Whatsapp chat.
Exhibits for the Opposite Party:-
Nil.
