IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

O R D E R

1. This complaint filed by Sri. Ramanna B.M s/o. Monappa.B.K aged 45 years, resident of Madikeri against the opponent Friendly Motors, Madikeri with a prayer to direct the opponent to pay a sum of Rs.14,000/- with interest at the rate of 12% per annum from 29/05/2018 along with Rs.15,000/- for mental agony, physical stress, loss of money, court cost and other charges.

2. The complainant has purchased Maruthi LXI vehicle bearing registration No.KA12 Z 8709 from the opponent.  That on 29/05/2018 the complainant had parked the above vehicle then other vehicle touched his vehicle as a result paint of the vehicle has gone.  The complainant has kept the vehicle in the opponent workshop for repainting.  After four days the opponent by collecting Rs.14,000/- has handed over the painted car to the complainant.  The complainant found some bubbles coming from the place of repainting hence, once again he left the vehicle in the opponent workshop for repainting with good quality paint.  The opponent second time has also used the low quality paint as a result paint became yellowish at the place of repainting. 

3. The complainant has approached and enquired the opponent for use of low quality paint then the opponent abused the complainant in filthy language and shouted at him.  Lastly the complainant has got issued notice dated 05/12/2018 demanding the amount of Rs.14,000/- from the opponent or to repaint the same with good quality of paint.  Despite the service of notice there was no response from the opponent  hence, this complaint.

4. The opponent despite the personal service of notice was proceeded exparte.

5. The complainant filed his affidavit in lieu of evidence and got marked exhibits P1 to P4 documents.  Heard the arguments advanced by the complainant and the points that would arise for determination are as under;

1. Whether the complainant proves that the opponent has used low quality paint to his car as a result of which his act amounts to deficiency in service?

2. Is complainant entitled to the relief sought for?

3. What order?

6. Our findings on the above points is as under;

• Point No.1:- In the Affirmative
• Point No.2:- In the partly Affirmative
• Point No.3:- As per final order for the below

R E A S O N S

7. Point No.1 to 3:- The complainant during the course of arguments submitted that the opponent has used low quality paint as such the colour of the car has became fade and yellowish.  The complainant in the affidavit filed in lieu of evidence reiterated the averments of complaint.  The complainant marked exhibit P1 insurance policy issued to his car by Oriental Insurance Company Ltd., for the year 2018-2019 and exhibit P2 is job card issued by opponent Friendly Motors.  Exhibit P3 are the three photos of complainant car bearing registration No.KA 12 Z 8709.  Exhibit P4 is copy of notice dated 05/12/2018 addressed to the opponent and exhibit P4A postal receipt for having sent exhibit P4 notice by RPAD on 05/12/2018.

8. On perusal of exhibit P3 photos the colour of the car is light cement colour.  The portion of the repainting is yellowish and at some parts colour has become fade.  This can be found in exhibit P3 b photo.  Exhibit P2  job card indicates that the complainant left the car for painting and body repairs on 30/05/2018 and delivered on 06/06/2018.  Exhibit P2 indicates that the opponent has repaired the car by using clip, unit head lamp RH, Panelfr fender, front bumper, holder FR, Bumper side and essential kit.  Further exhibit P2 reveals that painting charges is Rs.6,300/- and denting charges Rs.1,650/-.  The net bill amount is Rs.13,988/- and the same was paid by the complainant.  According to exhibit P2 painting charges is Rs.6,300/- + GST.  The complainant has made allegations against the opponent with regard to use of low quality paint and it is supported by exhibit P3 photos.  Therefore, the complainant proves the deficiency of service by opponent by use of low quality paint.  The complainant is entitled for painting charges of Rs.6,300/- plus GST.   The complainant has paid Rs.14,000/-for repair of the car like inserting clips, fixing lamp, denting charges and use of essential kit.  The complainant has not made  allegations against the opponent that the opponent has used low quality spare parts.  Therefore, the complainant is entitled only for painting charges.  The complainant is entitled for Rs.7,000/- towards painting charges, Rs.3,000/- towards mental agony and physical stress for approaching the opponent for repainting and Rs.5,000/- towards cost of this proceedings.  For the above discussion, we proceed to pass the following;

O R D E R

1. The complaint filed by Sri. Ramanna B.M s/o. Monappa B.K is partly allowed directing the opponent to pay a sum of Rs.15,000/- with interest at the rate of Rs.12% per annum from 01/07/2018 till payment.
2. Furnish copy of order to the complainant and opposite party at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23^rdday of MARCH, 2019)

                                                      (C.V. MARGOOR)

                                                          PRESIDENT 

                                                    (M.C. DEVAKUMAR)

                                                             MEMBER