Tamil Nadu

South Chennai

CC/239/2022

U. Krishnasamy - Complainant(s)

Versus

The Manager Ki Mobility Solutions, Pvt., Ltd., - Opp.Party(s)

N. Gnanapranavan

15 May 2023

ORDER

                                                   Date of Complaint Filed:17.06.2022

                                                   Date of Reservation     :05.05.2023

                                                   Date of Order             : 15.05.2023

          DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                   THIRU. T.R. SIVAKUMHAR, B.A., B.L.,             :  MEMBER  I 

                               

CONSUMER COMPLAINT No.239/2022

MONDAY,THE 15^th DAY OF MAY 2023

 

U. Krishnasamy, Age 32,

No.14/27, Chellam Nivas,

Vasudevapuram,

Ice House, Chennai – 600 005.                                                                                                     .. Complainant.

 

-Vs-

The Manager,

Ki Mobility Solutions Private Limited,

(Subsidiary of TVS Automobiles Solutions Pvt Ltd.,),

Whites Road, Opposite to EA Mall,

Ground Floor, Royapet,

Chennai – 600 014.                                                                                                                                    .. Opposite Party.

* * * * *

Counsel for the Complainant   :  M/s. N. Gnanapranavan

Counsel for Opposite Party      :  Exparte on 02.01.2023

On perusal of records and upon treating the written arguments as oral arguments on endorsement made by the Complainant,  we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar., B.A., B.L.,

(i)     The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to a sum of Rs.10,000/- towards the compensation to the Complainant herein for the unfair trading and deficiency of service and to pay a sum of Rs.10,000/- towards compensation for the mental agony along with a cost of Rs.10,000/-

I.  The averments of Complaint in brief are as follows:-

1.     The Complainant had got a social media advertisement link regarding low cost service done for two wheelers within the service cost of Rs. 914.50p only. Having attracted by the said advertisement, he touched the advertisement link. After which he got a call from the opposite party and enquired about the condition of his two wheeler condition and informed that they would collect his two wheeler at door step, as it is in a running condition.

2.     Accordingly, the opposite party took his two wheeler for general service, while handing his vehicle it was instructed to the Opposite Party that the vehicle is a good running condition, not to do any other work except the service assured, without his confirmation and not to cost him with heavy budget. After taking the two wheeler from him, the Opposite Party called and instructed after service the vehicle was not running and required to change some spare parts. He was shocked on hearing the same, as at the time of taking his vehicle the same was in running condition.

3.     Hence he had requested the opposite party to return the vehicle in running condition at taken by them. But the Opposite Party had informed that without changing some parts the vehicle will not move. And the Opposite Party had instructed him to pay additionally Rs.2181/- for the spares, otherwise they would not deliver his vehicle. Even then he had asked the Opposite Party not to change any parts and he is ready to pay for the service charges as agreed and he would collect his vehicle from their service centre, which was refused by the Opposite Party.

4.     Thereafter he had asked the Opposite Party to deliver his vehicle along with the spares that has been changed at the time of returning his vehicle. But the Opposite Party had delivered the vehicle alone without returning the spares that has been changed from his vehicle and they had asked him to pay Rs.914.50 towards service charges and Rs.2181.22p towards accessories that has been changed, but failed to return the spares changed. The Opposite Party informed him that the older parts will not be returned.

5.     After receiving his vehicle, he realised that the parts were not changed and he do not believe that the Opposite Party had changed the parts as alleged, as the condition of his vehicle remains same as it was given for service. He had issued a legal notice to the Opposite Party on 30.05.2022 and inspite of receipt of the same on 31.05.2022 the Opposite Party had not complied with the demands made within the time prescribed in the said notice. The Opposite Party has indulged in Unfair Trade Practice, of which he had suffered serious mental agony and he is entitled for compensation. Hence this Complaint.

III. The Opposite Party set ex parte:

        Notice was sent to the Opposite Party and was duly served to the Opposite Party. Despite the notice being served the Opposite Party has failed to appear before this Commission either in person or by Advocate on the hearing date and not filed any written version on their side.  Hence the Opposite Party was called absent and set ex-parte. Subsequently, the case was proceeded to be heard on merits.

IV. The Complainant has filed his proof affidavit and Written Version,  in support of his claim in the complaint and has filed documents which are marked as Ex.A1 to A4.

V. Points for Consideration:-

 

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

POINT NO. 1 :-

6.     On perusal of complaint and the exhibits marked in support of the complaint, though the Complainant had contended that the Opposite Party had agreed to do service for Rs.914.50p and had demanded a sum of Rs.2181.22p additionally towards spares charges, it is clear from Ex.A-1 the Opposite Party’s Job Card preinvoice dated 19.04.2022 that no such additional amount of Rs.2181.22p was claimed from the Complainant, the said amount was inclusive of the service charges of Rs.914.50p. The Complainant had not produced any authenticated material evidence to show that the opposite party had agreed to do service inclusive of change in spares or to show that the services to be carried out at the cost of Rs.941.50P by the opposite Party, as alleged by the Complainant. Moreover the spares found to be charged in Ex.A-1 are the basic spares being Engine Oil, Air Filter, Plug, Spark Plug Cap and ACC cable, that are required to be changed according to the condition of the said spares for running the vehicle in a smooth condition though the vehicle of the complainant would have been in running condition. Hence the contentions of the Complainant that the Opposite Party had indulged in unfair trade practice, as without his consent the spares were changed when his vehicle was in running condition and the changed spares were not returned to him, are not sustainable, as the Complainant had not proved that the condition of his vehicle when it was handed over for service to the Opposite Party with any material evidence to substantiate his claim. Therefore this Commission is of the considered view that the Opposite Party had not committed unfair trade practice or deficiency in service.  Accordingly Point No.1 is answered.

Point Nos. 2 and 3:

7.     As discussed and decided Point No.1 as against the Complainant, the Complainant is not entitled for any relief claimed in the complaint and also not entitled for any other relief/s. Accordingly Point Nos. 2 and 3 are answered.

               In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 15^th of May 2023.

 

T.R. SIVAKUMHAR                                                              B.JIJAA

      MEMBER I                                                                  PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	19.04.2022	Job card invoice issuer by Opposite Party to the Complainant
Ex.A2	30.05.2022	Advocate Legal Notice along with the Postal Receipt (Office Copy)
Ex.A3	31.05.2022	Acknowledgement Card
Ex.A4	31.05.2022	Online Acknowledgement Card (Web Copy)

 

List of documents filed on the side of the Opposite Party:-

 

9008.  

T.R. SIVAKUMHAR                                                              B.JIJAA

      MEMBER I                                                                PRESIDENT