Tamil Nadu

North Chennai

CC/91/2018

Mrs.S.Manavalan - Complainant(s)

Versus

The Authorized Signatory Orange Motors - Opp.Party(s)

M/s.A.Chenchurama Reddy

19 Dec 2018

ORDER

 

                                                            Complaint presented on: 18.07.2018

                                                                 Order pronounced on:19.12.2018 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L, DTL.,DCL, DL&AL PRESIDENT

 

TMT.P.V.JEYANTHI B.A.,   :                MEMBER - I

                                                         

WEDNESDAY  THE 19^th  DAY OF DECEMBER 2018

 

C.C.NO.91/2018

 

Mr.S.Manavalan,

S/o Late Sundarappa Nadar,

No:132/2, Corporation Colony, 1^st Street,

Tondiarpet, Chennai – 600 081.

 

                                                                                        ….. Complainant

 

 ..Vs..

1.The Authorized Signatory,

Orange Motors,

No:6, Jawaharlal Nehru Road,

AnnaNagar, Chennai – 600 040.

 

2.VESPA CUSTOMER CARE,

“Piaggio Vehicles Pvt. Ltd.,

178, Goovalkar Guruji Path Parvathi Gaon,

Parvathi Paythal Pune – 411 029,

Maharastra.

.....Opposite Parties

Date of complaint                                 : 18.09.2018

Counsel for Complainant                      : M/s.A.Chenchurama Reddy,

                                                                    A.C.Chandrasekar

 

Counsel for Opposite Parties                    : Ex-parte (on.29.10.2018)

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant  to direct the opposite party to pay a sum of 72,000/- for  auto charges for the  past 120 days at the rate of Rs.600/- per day and also to pay a sum of Rs.50,000/- towards compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is the owner of  Vespa Scooter bearing No.TN 03 M2266. The 1^st opposite party is the authorized service centre of vespa scooters . The complainant gave the scooter for servicing on 22-12-2017 for the complaints and mainly  to fix two side mirrors to the scooter. Without giving any estimate for the repair  and also keeping it for more than 10 days  the 1^st opposite party  had charged  Rs.8,600/- as repair charges  but has not fixed the two mirrors, even then that is charged in the bill. Again the complainant had given the scooter for  carrying out repair of the side stand  and for foot board bottom welding. Assurance was given by the 1^st opposite party  as to  rectify within 48 hrs. But after a week only it was  delivered and the payment was Rs.2,200/- Within three days it was broken, and Rs.100/- was spent for welding again. Again the vehicle caused problem in engine, the complainant approached the 1^st opposite party  because there are  two authorized service centers  are only available  at Chennai. 1^st opposite party    promised to deliver it within two days but even after 120 days the vehicle has not been delivered. Therefore he had to spend for transporting  expenses Rs.600/-per day to and fro. The 1^st opposite party  is arbitrarily charging without attending the defects completely and delivering the vehicle without completely rectifying the defects. The complainant who is a business man  have been suffering  mentally  and  economically on account of the 1^st opposite party’s wilful negligence. The scooter costs more than 90,000/-. Hence the opposite parties  are liable to pay Rs.72,000/- for the auto charges paid for 120 days @ Rs.600/- per day, from the date of complaint till the scooter is delivered, and to pay Rs.50,000/- for mental agony and also the cost of litigation expenses.

          2. The opposite parties called absent and they were set ex-parte.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant is the owner of Vespa scooter, bearing Reg no.TN 03 M2266. The 1^st opposite party  is the authorized service centre. The Complainant has stated that there are only two authorized service centers at Chennai for Vespa co .,  Ex.A1 is the R.C book of the vehicle in the name of the  complainant.  It is contended by the complainant that he gave the scooter to the 1^st opposite party  for servicing on 22.12.2017 to set right the defects mentioned by him and  to fix  mirror on two sides of the vehicle. After keeping the scooter for more than 10 days without giving  any estimate for the repair charges, straight away charged Rs.8,600/- without fixing  mirrors on both sides.  The complainant came to know about this only after seeing the bill of the same. It is also contended by the complainant  that he again left the scooter for service for side stand repair and food board welding. The opposite parties  has assured to return the scooter after  rectifying the defects within   48 hours .But not returned within the said time and charged Rs.2,200/-. Within 3 days  it was broken  and the complainant had to spend Rs.100/- for repairing, and also there was a defect in the engine and it was entrusted to the opposite parties  for service since there are only two service centre’s available in the city. And again it was not repaired in time and  not delivered even after 120 days.

            5. Ex.A2 is the acknowledgment slip for the service job card. Ex.A3 is the receipt for the payment of Rs.2,200/-  towards the services done for side stand and foot board bottom welding. There is no proof for the allegations of the complainant  that the opposite party  had delivered the vehicle belatedly  and out of time  and also after the service being done for foot board  bottom welding  and side stand  it again got repaired   and it was immediately broken and  the complainant had paid Rs.100/- for repairing  the same. Neither the service job card  for the alleged service and belated delivery nor the receipt for the alleged payment was filed before the forum by the complainant. Ex.A4 is also the acknowledgement slip dtd.6.3.18 for  registering service for the complainant’s vehicle. On 21.3.18 the complainant had given a legal  notice through his counsel in Ex.A5 and A7 to the  ops and  reminder was also sent in Ex.A6 . Notices have been received by the opposite parties . No reply is received  by the complainant from the opposite parties.

            6. The complainant has also not filed any proof to show that he is a businessman  and he used auto services for his journey and  spent Rs.600/- for his travel per day. However, the job sheet for leaving his vehicle for service to 1^st opposite party  & the payment receipts are filed and notices sent by the complainant  was received by opposite parties  but not replied. The opposite parties  have not appeared before the forum even after the receipts of notices and have not chosen either to defend the case or to disprove the case of the complainant. Therefore  this forum has to accept the contention of the complainant to an extent of its proof and also to accept the fact that the complainant’s sufferings  and the mental agony caused  by the opposite parties  without his vehicle getting repaired. Therefore the complainant  is entitled to get compensation from the opposite parties  for mental agony.  

07. POINT NO:2

          In view of the discussions held by us in the earlier point, it is fit to order Rs.50,000/- as compensation for mental agony  caused to the complainant by opposite parties  besides Rs. 5,000/-  for costs.

            In the result, the complaint is partly allowed. The opposite parties jointly or severally are ordered to pay a sum of Rs. 50,000/-(Rupees fifty thousand only) towards compensation for mental agony, besides  a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 19^th day of December 2018.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 10.03.2015                   R.C.Book copy

 

Ex.A2 dated 23.01.2018                   Acknowledgement of delivery of vehicle by first

                                                    opposite party

 

Ex.A3 dated 31.01.2018                   Receipt No:3604 issued by  the 1^st opposite party

 

Ex.A4 dated 06.03.2018                   Acknowledgement of delivery of vehicle issued by

                                                   the 1^st opposite party

 

Ex.A5 dated 21.03.2018                   Legal notice of the complaint with postal receipt 

                                                      and the acknowledgement card of the 1^st opposite

                                                  party

 

Ex.A6 dated 09.04.2018                   Legal notice of the complainant with postal receipt

                                                    and the acknowledgement card opposite parties

 

Ex.A7 dated 14.05.2018                   Legal notice of the complainant with postal receipt

                                                    and the acknowledgement card of the opposite

                                                    parties

 

 

 

                                               

MEMBER – I                                                               PRESIDENT