By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the 1^st and 2^nd Opposite parties to rectify the defects of the car and to pay an amount of Rs.3,00,000/- as compensation for the mental agony and unfair trade practice and also to pay the cost of the proceedings.

2. Complaint in brief:- The Complainant has purchased a car on 5.11.2011 from the 1^st Opposite party which is manufactured by 2^nd Opposite Party for an amount of Rs.7,00,000/- . As per service mannual, the services should be done in an authorised service centre of the company. As per warranty card, there are 3 free service and two paid services to the vehicle from their authorised service centre. 1^st Opposite party made believed that 1^st Opposite party is providing authorised service at Kakkavayal. After 4^th service, it was noticed that the car is having variations to the sound of its engine and unusual sound to the dash board and its suspension. Hence on 03.06.2013. The complainant entrusted the car to the 1^st Opposite party for 5^th service and Complaint about the problems stated above. On the very same day, the car was given to Complainant after service and the 1^st Opposite party told that break pad set front and filter fuel diesel were replaced and charged Rs.55,861/- on service charge including labour. The 1^st Opposite Party had charged excess amount for break pad. The MRP is Rs.2,049/- including tax. But 1^st Opposite party charged Rs.1,924/- plus Rs.279/-. The 1^st Opposite party had not properly checkup the vehicle as per service mannual and hence there are problems. Aggrieved by this, the complaint is filed.

3. On receipt of complaint, notice was issued to Opposite Parties and Opposite parties appeared before the Forum and filed version. In the version of 1^st Opposite party, 1^st

Opposite Party admitted that the Complainant brought the car on 03.06.2013 for repair and then break pad set was replaced. But no excess amount is charged. All other allegations of Complainant are denied by 1^st Opposite party. Prices of the spare parts are fixed by 2^nd Opposite party from time to time. The MRP of break pad set was revised and refixed by the 2^nd Opposite party. The earlier rate was Rs.2,049/-. But the refixed rate is Rs.2,203/-. So 1^st Opposite Party had not charged excess amount. There is no deficiency of service from the part of 1^st Opposite party. In the version of 2^nd Opposite Party, 2^nd Opposite party contended that the Complainant does not come under the definition of consumer. The 2^nd Opposite party stated that the amount of Rs.1,924/- plus 14.5% VAT is the correct amount as on date of repairing and there was no excess charging as alleged. All other allegations are denied by 2^nd Opposite party.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service and unfair trade practice from the part of

Opposite parties?

2. Relief and cost.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and Exts.A1 to A6 are marked. 1^st Opposite Party filed proof affidavit and 1^st Opposite Party is examined as OPW1 and Exts.B1 to B4 is marked. 2^nd Opposite Party had no oral evidence. The allegations of the complaint that the 1^st Opposite party had not given proper service to the car with modern equipments and trained personals. More over, the Complainant alleged that he was charged excess amount for break pad. On perusal, the Forum found that the price shown in the cover of break pad ie Exts.A4 is Rs.2,049/-. This price of Rs.2,049/- is inclusive of all taxes. The case of Opposite parties is that the actual revised price of break pad is Rs.2,203/- ie Rs.1,924/- 14.5% VAT ie Rs.279/- on the date of repair. Opposite parties admitted that Ext.A4 is given to the Complainant by the Opposite parties at the time of repair and handing over of vehicle to the Complainant. The Opposite parties not proved their contention by cogent evidence and not produced any document to prove their case. Ext.A4 is very clear regarding the price of break pad. The case of Opposite parties is that Ext.A4 cover is an old cover given to the Complainant mistakenly. That contention of Opposite parties cannot be believed. The Opposite parties admitted that Opposite parties collected Rs.2,203/- from the Complainant. The Forum found that there is an excess price of Rs.279/- collected by the Opposite Parties from the Complainant. Hence charging of excess price is an unfair trade practice from the part of Opposite parties. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of Complainant, the complainant is entitled to get cost and compensation.

In the result, the complaint is partly allowed and 1^st and 2^nd Opposite Parties are directed to pay Rs.279/- (Rupees Two hundred and Seventy Nine) only an excess price collected from the Complainant. The Opposite parties are also directed to pay Rs.3,000/- (Rupees Three thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Opposite parties are also directed to give proper service to the car hereafter. The Opposite Parties shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31^st day of July 2015.

Date of Filing:06.07.2013.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Abdul Nisam Complainant.

Witness for the Opposite Parties:

OPW1. Vinayan. Senior Manager, Eram Motors, Kakkavayal

Exhibits for the complainant

A1(1) Copy of Maintenance Schedule Chart- Verito Diesel.

A1(2) Copy of Maintenance Schedule Chart- Verito Diesel.

A1(3) Copy of Maintenance Schedule Chart- Verito Diesel.

A2. Copy of Tax Invoice.

A3. Copy of Vehicle Inventory Check Sheet.

A4. Copy of Price break pad.

A5. Tax Invoice.

A6. Job Advice Slip.

Exhibits for the opposite Parties.

B1. Copy of Authorised Dealer Agreement. dt:29.07.2010.

B2. Copy of Vehicle History

B3. Copy of Mile Application Form.

B4. Copy Mile Application Form.