CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 30th day of April 2014
CC.NO.21/2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 10/02/2014
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
Suma,
D/o. Vasu,
Mappilapottayil Paramel House,
Vandazhi Amsom Desam,
Vandazhi (P.O)
Alathur Taluk : Complainant
(By Adv. M. Ravindran & By Adv. M.J. Vince)
Vs
1.The Manager,
S M L Finance Ltd.,
Bethani Complex, Thrissur Road,
Kunnamkulam,
Thrissur – 680 503
2. The Manager
S M L Finance,
NH -47, Marutharode,
Palakkad. : Opposite parties
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the complaint:- The complainant is the Registered owner of Appe Autorickshaw bearing Reg. No. K.L.49. D.9861. Opposite party No. 1 is the dealer and opposite party No. 2 is the hypothecation agent of the SML Finance Ltd. The complainant had purchased the vehicle as per hire purchase agreement form the opposite parties. Complainant submitted that as per the agreement, all the procedures relating to change of name in RC book, payment of Insurance Premium etc. ought to be done by opposite parties. For this purpose, opposite parties collected Rs. 5,875/- ( Rupees Five Thousand Eight Hundred and Seventy Five only) from the complainant on 02/09/2013. But opposite parties did not deliver the insurance certificate to the complainant. So the complainant could not ply the Vehicle on road. On 04/12/2013 complainant sent lawyer notice to opposite parties. But no reply was sent by opposite parties. Due to non delivery of insurance certificate by the opposite parties, complainant incurred huge financial loss and suffered mental agony. Hence the complaint. Complainant prays to get the insurance certificate and Rs. 5,000/- (Rupees Five Thousand only) as compensation for mental agony and Rs. 1000/-(Rupees One Thousand only) as cost.
Complaint was admitted and notice was issued to opposite parties for appearance. After receiving the notice, Opposite parties did not appear before the Forum. Hence they set exparte.
The evidence adduced by the complainant consists of her chief affidavit and Ext. A1 and A2 series .
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so, what is the relief and cost?
ISSUES 1 & 2
We have perused the document on records. The complainant is the Registered owner of Vehicle bearing Reg. No. K.L. 49 D 9861. Opposite parties are the dealer and hypothecation agent of company. Complainant submitted that as per the agreement entered between complainant and opposite parties all the proceedings relating to change of name in RC book, payment of Insurance Premium etc. are to be done by the opposite parties. For this purpose, on 02/09/2013 the opposite parties collected Rs. 5,875/- (Rupees Five Thousand Eight Hundred and Seventy Five only) from the complainant. The receipt (Ext. A1) issued by opposite party is produced by the complainant. Opposite parties did not deliver insurance certificate to the complainant after paying the premium to the company. Now the complainant could not ply the Vehicle on the road without insurance certificate. Due to the act of Opposite parties, complainant has incurred financial loss and suffered mental agony. The non deliver of insurance certificate is a clear deficiency in service on the part of the opposite parties. As the opposite parties remained exparte, the evidence tendered by the complainant stands unchallenged.
In view of the above discussions, we are of the opinion that there is deficiency in service on the part of opposite parties. Hence we allow the complaint. Opposite parties are directed to deliver insurance certificate and Rs. 5,000/- ( Rupees Five Thousand Only) as compensation for the mental agony along with cost of Rs. 1000/-(Rupees Thousand only) to the Complainant within one month from the date of communication of this order, failing which complainant is entitled to realize an additional amount of Rs. 10,000/- (Rupees Ten Thousand only) from the opposite parties with 12% interest from the date of order till realization.
Pronounced in the open court on this the 30th day of April 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Cash receipt issued by the opposite party to the complainant dated
02/09/2013.
Ext.A2 series - Copy of lawyer notice with postal receipt and Acknowledgement card
sent by the complainant to the opposite party dated 04/12/13.
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
