By Smt. Beena. M, President (In charge)
This is a complaint preferred under Section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief:- The Complainant had purchased a vehicle TATA INTRA V 10.AC BS VI bearing Reg. No. KL-08-BW-9206 on 5-10-2021 from one Ramya S. Rajan, wife of Rajan, Irupulamkattil, Thrissur. On 7-01-2022 the said vehicle met with an accident at Sulthan Bathery, St. Mary's College Road, which caused severe damage to the vehicle. Then the vehicle was given for repairing at ANGO Motors Pvt Ltd, Variyad at Kalpetta. There is a valid package policy for the vehicle till 12/5/2023 with the Opposite Party. The accident occurred while the application for transfer of the RC in the name of the Complainant was pending at Sultan Bathery Sub R.T Office. Then the Complainant submitted claim form along with estimate issued by the ANGO, Motors Pvt. Ltd. But the Opposite Party repudiated the claim of the Complainant on the ground that the original owner of the vehicle has not completed the process of transferring the RC in the name of the Complainant. So, the Complainant was not the owner of the vehicle at the time of the accident and hence the Complainant had no relation with the vehicle. Since the original RC is in the R.T office, it could not be produced before the Opposite Party. Though the Complainant had not given the original RC to the Opposite Party, they did not give the amount shown in the estimate, so the Complainant constrained to pay Rs.1,95,456/- for repairing charge of the vehicle. Unjustified repudiation of the claim amounts to deficiency in service of the Opposite Party. Due to the act of Opposite Party, there was 40 days delay to get the vehicle on the road. If the vehicle could be serviced for those 40 days, the income would be Rs 50,000/-. The Complainant could not pay the EMI of Rs.22,000/- as she could not run the vehicle. It caused mental and physical difficulties and hardships to the Complainant. Hence the Complaint.
3. After the admission of the Complaint, the Commission issued summons to the Opposite Party. Eventhough the Opposite Party received the notice, the Opposite Party did not appear before this Commission, so set them ex-parte.
4. The Complainant in support of the claim has filed her evidence on affidavit and was examined as PW1. The documents produced were marked as Ext. A1 to A5. On the perusal of the above documents, the genuineness of the Complaint is seen clear. Ext A2 shows that before the accident the previous owner applied for transfer of RC in the name of the complainant. Ext A4 reveals that Complainant had paid Rs. 84,015/-towards repair. Since the Opposite Party did not appear there is nothing to rebut the claim of the Complainant. Considering the facts and circumstances of the case this Commission is of the view that there is deficiency in service/unfair trade practice on the part of the Opposite Parties, due to which the Complainant suffered several hardships and loss. Hence the Complainant deserves to get relief as prayed. The Opposite party is liable to pay compensation for the loss suffered to him.
In the result, the complaint is partly allowed and
- The Opposite Party is directed to pay an amount of Rs. 84,015/- (Rupees Eighty Four Thousand and Fifteen Only) as the cost of repair and Rs.50,000/- (Rupees Fifty Thousand Only) as compensation for deficiency in service to the Complainant.
- The Opposite Party is also directed to pay Rs. 20,000/- (Rupees Twenty Thousand only) towards loss of income due to the non running of the vehicle.
The above order shall be complied within one month of this order, failing which the Complainant is entitled to get interest at the rate of 8% per annum for the above
amount from the date of this order till realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 16th day of January 2023.
Dated of filing:06.04.2022.
PRESIDENT (I/C) : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Lali. P.C. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Copy of Commercial Vehicle Package Policy.
A2. E- Fee Receipt. dt:31.12.2021.
A3. Estimate. dt:24.01.2022.
A4. Tax Invoice. dt:25.02.2022.
A5. Copy of Certificate of Registration.
Exhibits for the Opposite Party:
Nil.
PRESIDENT (I/C): Sd/-
MEMBER : Sd/-
