Date of Filing:18.03.2009<br /> Date of Order:30.05.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 30TH DAY OF MAY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 622 OF 2009<br /> <br /> K.G. Mohankumar<br /> S/o. Gangappa<br /> Kyathanahalli Village<br /> Nagadevi Post<br /> Arasikere Taluk<br /> Hassan District Complainant<br /> <br /> V/S<br /> <br /> The Manager<br /> M/s. Shabari T.V.S. Motors and Bajaj<br /> Sales and Service Center<br /> Tumkur Road, Peenya 1st Stage<br /> Bangalore 560 058 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant is resident of Kyathanahalli Village, Arasikere Taluk has come to Bangalore on 06.10.2008 for the purchase of TVS Motor Cycle. On the same day the complainant along with K.S. Rajendra Gowda had gone to the opposite party showroom. After discussion the sale representative of the opposite party took the complainant and his relative to the first floor of the show room. The complainant while watching the motor cycle in the first floor he fell down from the first floor and sustained severe head injury and multiple injuries to the body. Since the first floor is an open area there is no iron-guard or barricades for protection. It was not closed either with wall or any supportive wall. Hence the complainant fell down from the ramp and sustained injuries. The complainant was shifted to Apollo R.M. Hospital, Sheshadripuram, Bangalore. He sustained fracture and dislocation of left hip. He was operated upon and spent Rs. 1,00,000/- for treatment. Immediately after incident complaint was lodged to Peenya Police Station. It is submitted by the complainant that it is the duty of the complainant to provide good service to the customers and take preventive measures for the safety of the customers. But opposite party has not taken preventive and safety measure in the first floor. Due to negligence of the opposite party the complainant sustained injuries. Hence, the opposite party is liable to pay medical expenses as well as compensation to the complainant. The complainant submitted that the opposite party has not paid the compensation as agreed before the police. Therefore, complainant got issued legal notice to the opposite party calling upon to settle the medical bills and expenses in respect of the accident which had taken place in the premises of opposite party. The opposite party acknowledged the notice but failed to comply the same. Hence, the present complaint.<br /> 2. Notice issued to opposite party through RPAD. The notice returned with postal endorsement not claimed. The case set for appearance of opposite party on 28.04.2009. Opposite party called out. He remained absent. The endorsement of postal authority ‘not claimed’ on the cover of the RPAD letter was held sufficient service of notice and opposite party was placed exparte. <br /> 3. The complainant has filed his affidavit evidence and documents.<br /> 4. Arguments of learned advocate for the complainant was heard. Perused the complaint and documents.<br /> 5. The complainant has produced copy of police complaint, discharge summary of Apollo Hospital, copy of legal notice, postal acknowledgement to show that legal notice has been served on the opposite party and medical bills worth Rs. 79,696/-. The case put up by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter even though notice was sent to him. The opposite party even not replied to the legal notice sent by the complainant. It is the duty and obligation of the opposite party who is the owner of showroom to safe guard the safety of the customers who visited the showroom. The complainant submitted that he wanted to purchase TVS motor cycle from the opposite party and when he was inspecting the motor cycle in the first floor he fell down and sustained severe injuries. It is the case of the complainant that first floor of the showroom is an open area there is no iron-guards or barricades for protection. Therefore, he fell down and sustained injuries. The opposite party should have taken proper care, caution and safety of the customers. Not taking proper care and safety measures to the showroom amounts to deficiency in service on the part of opposite party. Therefore, the opposite party is liable to compensate the complainant who had visited the showroom to inspect the motor cycle. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of the customers. The opposite party being owner of TVS showroom will be responsible for the incident which had happened in the showroom on account of not taking safety measures by the opposite party. The complainant has claimed Rs. 1,00,000/- as compensation for the multiple injuries sustained in the accident. The complainant has produced medical bills worth Rs. 79,800/- to show that he has spent that much amount for treatment. Taking into consideration of the facts and circumstances of the case and the injury sustained by the complainant and amount spent by him towards medical expenses it would be just, fair, proper and reasonable to direct the opposite party to pay compensation of Rs. 50,000/- to the complainant. The opposite party should take safety measures in future to his showroom so that such unhappy incidents should not occur in future. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The Complaint is allowed. The opposite party is directed to pay Rs. 50,000/- to the complainant as compensation within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the compensation amount awarded carries interest at 10% p.a. from the date of this order till payment / realisation. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF MAY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />