Tamil Nadu

South Chennai

CC/208/2016

S.Kuberapandiayan - Complainant(s)

Versus

The Manager, Service Incharge, Zulaika Motors Pvt Ltd - Opp.Party(s)

B.Thirumalai

07 Dec 2016

ORDER

                                                                        Date of Filing :   17.06.2016

                                                                        Date of Order :   07.12.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.208/2016

WEDNESDAY THIS  7^TH  DAY OF DECEMBER 2016

 

S.Kuberapandiyan,

S/o P.C.Shanmugam,

No.-6, K-4, Police Quarters,

Anna Nagar, Chennai 600 040                          ..Complainant

                                                Vs

1.The Manager,

Service Incharge,

Zulaikha Motors Pvt Ltd,

No.10/8, (SP), 3^rd Main Road,

Ambattur Industrial Estate,

Ambattur, Chennai 600 058

 

2. Zulaikha Motors Pvt, Ltd

Rep.by its Manager,

No.398 & 398A,

Velachery Tambaram Main Road

Velachery,

Chennai 600 042                                        ..Opposite parties

 

Counsel for Complainant                  : Mr. B.Thirumalai

Opposite parties                             : Exparte

 

ORDER

THIRU. S. PANDIAN, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.25,000/- towards the speakers and service cost by the opposite parties and to pay a sum of Rs.1,00,000/- towards compensation for the loss and mental agony suffered by the complainant and for cost.

1.  The averment of the complaint are brief as follows:

        The complainant states that in the month of November, 2015, he purchased Mahindra vehicle model number TUV 300 (T8), bearing registration number TN-02-BD-1670, Chasis No.F6L37988, customer ID No.C162435230. At the time of purchase Mahindra and Mahindra company offered three free services for the vehicle. On 27.04.2016, the 1^st opposite party fixed the appointment to the complainant for the first free service. The complainant dropped the vehicle for service to the service centre. The opposite parties informed all the problems in the vehicle to the service advisor Mr. Udhya Murthy and the same was noted by him in the manual repair order and the complainant particularly informed to the service advisor to take care of audio speakers which was situated inside the four doors of the vehicle during the water wash. Thereafter the complainant reached the opposite party service centre at about 4.30 pm to get back the vehicle, the opposite party service person gave bill for sum of Rs.2465/- which includes labour charge of Rs.200/-. After making payment only, the complainant was allowed to inspect the vehicle. On that time, the complainant noticed that the 1^st opposite party service people poured water all over the audio speakers inside the four doors and water wash is not done properly.

2.      Accordingly, the complainant sent legal dated 29.4.2016 to the opposite party through his counsel and also sends an E.mail to the opposite parties customer care centre and the 2^nd opposite party replied to the complainant dated 28.4.2016 by agreeing their willful default and failure in service but failed to compensate the complainant. The act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant. Hence the complainant filed this complaint.

3.        In spite of notice served to the opposite parties 1 and 2, the opposite parties 1 and 2 have not chosen to appear before this Forum. Hence the opposite parties were set exparte.

 4.         In order to prove the averments of the complaint, the complainant has filed proof affidavit along with her evidence and documents Ex.A.1 to Ex.A.7 marked.

5.          Though the 1^st opposite party and 2^nd opposite party remained expate, this Forum wants to dispose this complaint fully on merits.

6.   At this juncture, the point for the consideration before this Forum is:  

1. Whether there is any deficiency of service on the part of the 

    opposite parties as alleged in the complaint?

 

2.  Whether the complainant is entitled to any relief as prayed for?

7. Point No.1

        Regarding this point, the duty cast upon before this Forum is that as to whether the complainant has proved the allegations made the complaint is acceptable and relevant evidence. First of all, on careful perusal of the proof affidavit of the complainant, it is learnt that on 27.4.2016, he dropped the vehicle for the first free service in the 1^st opposite party service centre at Ambattur and informed all the problems in the vehicle bearing Reg.No. TN-02-BD-1670, Chasis No. F6L37988 and the same were noted by the service advisor in the repair order Form No. 8967. The R.C book is marked as Ex.A.1 and the car tax invoice is marked as Ex.A.2. It is further seen that after completion of service, the complainant received message at 3.09 pm on 27.4.2016 to take delivery of the vehicle and in turn the complainant reached the 1^st opposite party service centre at 4.30p.m to get back the vehicle.

8.         At the same time, the service incharge issued the 1^st service tax invoice for a sum of Rs.2465/- which is marked as Ex.A.3. Then the complainant inspected the vehicle he noticed that the service people poured water for all over the audio speakers inside the four doors and water wash is not done properly and also not cleaned well. Immediately, the same was informed to the service advisor and then he asked the complainant to inform the fact to his service in charge Mrs. Geetha, the person who is incharge of the service checked the vehicle and found water was sprayed all over the four audio speakers and immediately asked the water wash in-charge Mr.Kumar sought for apology for the same. It is further stated that the 1^st opposite party also agreed to give in writing and service in-charge Mrs. Geetha informed as, “ Water been sprayed on the speaker while washing”  in Ex.A.3, which clearly shows the negligence and deficiency in work done by the 1^st opposite party and the service people. Thereafter Ex.A.4, legal notice had been issued by the complainant and the same was received by the opposite party for which the acknowledgement card marked as Ex.A.5 and also on 20.8.2004 itself, the complainant sent the E.mail Ex.A.6 to the opposite party and the reply E.mail communication given by the customer care is marked as Ex.A.7.

9.      From the forgoing among other facts and documents, it is crystal clear from Ex.A.3 and the endorsement inEx.A.3, the negligent and deficiency in work of the 1^st opposite party and the service people has been clearly proved, there is no iota of evidence to show that the negligent act has been rectified by the opposite party in Ex.A.7 reply. It is only seen from Ex.A.7, reply E.mail as follows:

       “ The mail is copied to our customer care Manager in Chennai Area office who shall look into the matter and take appropriate measures as required”

      Under such circumstances, when the negligence and deficiency in service has been proved by the complainant, the burden of proof to show that the alleged negligent act has been rectified immediately had shifted to the opposite parties. But the opposite parties have not chosen neither to appear before this Forum nor to produce any evidence to disprove the allegations made in the complaint before this Forum. Hence this Forum can  easily be drawn an adverse inference against the opposite parties since there is no contra evidence to the complainant’s allegation. Thus the Point No.1 is answered accordingly.

10. Point No.2:-

      Regarding the damage of speakers, there is no piece of evidence produced on the side of the complainant and in these aspects there is no need of awarding any amount. At the same time in respect of the negligence and deficiency in service, the complainant is entitled for some reasonable compensation with cost for causing mental agony to the complainant. Thus the point No.2 is also answered accordingly.

     In the result, this complaint is allowed in part. Accordingly, the opposite parties 1& 2 are jointly and severally directed to pay a sum of Rs.5000/- (Rupees Five thousand only) towards compensation for causing mental agony and also to pay a sum of Rs.2000/- (Rupees Two Thousand only) towards cost to the complainant.

      The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a till the date of payment.

Dictated to the Steno-typist transcribed and typed by her corrected and pronounced by us on this the 7^th  day  of  December  2016.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1          -                Copy of R.C.Book in the name of the complainant

Ex.A.2                   27.11.2016 Copy of Car Tax Invoice

Ex.A.3                   27.04.2016 Copy of First service Tax Invoice

Ex.A.4                   28.04.2016 Copy of Legal notice sent by the complainant to the

                                      Opposite parties

Ex.A.5                   29.04.2016 Copy of Acknowledge card for the legal notice

Ex.A.6                   28.04.2016 Copy of complaint sent through Mail by the complainant

                                      to the customer care of the opposite parties

Ex.A.7                   28.04.2016 Copy of reply to the above said mail complaint given

                                      by the customer care

 

Opposite parties’ side Documents : NIL

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

 

 

 

 

ttom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal'>Ex.A9-         -       - Copy of registration slip 22954 denoting charges.

 

 

Opposite parties’ side documents:   .. Nil.

 

MEMBER-I                                                                   PRESIDENT.