Date of filing : 05-02-2011
Date of order : 30 -09-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 25/2011
Dated this, the 30th day of September 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Ashokan.K, } Complainant
S/o.Narayan,
Payyakkal House,
Karipadakam, Kolathur.Po,
Kasaragod.Dist.
(Adv. K.Sreejith, Kasaragod)
The Manager, } Opposite party
T.V.S. Service Station,
Thottada.Po,
Kannur.District.
(Advs. V.Krishna Menon, U.K. Devidas,
P.Narayanan, Prinsun Philp, Kochi)
O R D E R
SMT.K.G.BEENA, MEMBER
This complaint is filed alleging deficiency in service on the part of opposite party with whom a vehicle is entrusted by the complainant for repair. The vehicle was not repaired and returned within time. Hence the complaint for necessary relief.
2. According to opposite party, the complainant has entrusted his vehicle to opposite party’s workshop for carrying out certain accidental repair. The complainant want to have the repairs carried out under insurance coverage, they demanded the documents pertaining to the vehicle. The complainant entrusted the documents to opposite party on 25-10-2010. The opposite party had prepared the estimate for repairs on 26-10-2010. The surveyor of the insurance company carried out the survey on 27-10-2010. The opposite party placed orders with the manufacturer for necessary parts on 1-11-2010. The opposite party received certain parts on 16-11-2010 and 22-11-2010. But some of the parts were mistakenly sent. Hence the opposite party had to once again place order for the correct parts. Anyway the opposite party completed the repair work of the vehicle of the complaint on 31-1-2011 and was informed to the complaint. The complainant had taken delivery of the vehicle on 7-2-2011 after personally inspecting the vehicle. Hence the opposite party cannot be held liable for the loss sustained to the complainant.
3. The complainant filed proof affidavit in support of his case and Exts A1 & A2 marked. Complainant cross-examined. Both sides heard and documents perused.
4. Now the points arises for consideration are:
1. Whether there is any deficiency in service on the part of opposite party?
2. If so, what order as to relief and cost?
5. Complainant’s goods carriage bearing Reg.No.KG.14JU 6035 met with an accident and entrusted to opposite party for repairs on 8-10-2010. After completing the repair work the vehicle was delivered to the complainant on 7-2-2011 after 4 months. The complainant’s allegation is that service provided by the opposite party is deficient and due to the irresponsible act of opposite party, complainant sustained monetary loss which the opposite party is liable to compensate. Ext.A2 is the receipt issued by the opposite party dated 7-02-2011 at the time of deficiency of the vehicle after repair which is a true and genuine document. As per Ext.A2 the delivery of the vehicle after repair was on 7-2-2011 after 4 months. It is a long period for a driver who solely depending upon the vehicle for his livelihood. Service centers should give little bit attention to the grievance of customers especially when their vehicles are hypothecated to Financial institutions since they have to repay the loan amount promptly to avoid legal proceedings.
6. Hence we are of the view that the opposite party is liable to compensate the loss sustained to the complainant.
7. The complainant had brought his vehicle to the workshop for accidental repairs. We are well aware of the fact that accidental repairs will take some more time than in other repair works and some times spare parts may not be readily available. Even the 3 ½ months delay as in this case is not justifiable.
In the result, complaint is allowed and opposite party is directed to pay `7,500/-as compensation and `3000/- as cost to the complainant within 30 days from the date of receipt of the copy of this order. Failing which opposite party shall be liable to pay interest @ 9% on `7,500/- from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Receipt issued by OP.
A2.07-02-2011 copy of letter.
PW1. Ashokan.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
