BEFORE THE DISTRICT FORUM:KURNOOL
Present: P.V.Nageswara Rao , M.A., LL.M., President(FAC)
And
Smt. C.Preethi, M.A.LL.B., Lady Member
And
Sri. M.Krishna Reddy, M.Sc.,M.Phil., Male Member
Thursday the 13th day of August, 2009
C.C. 63/09
Between:
H.M.D.Eliyas, S/o. H.M.D.Hussain,
H.N.49/50/A/87/C3/A/B1, Laxmi Nagar, Kurnool . … Complainant
Versus
The Proprietor, M/s. Srinivasa A/c Theatre,
D.No.60/1/3, Kallur Road, Near New Bus Stand, Kurnool-518002. ….Opposite party
This complaint is coming on this day for orders in the presence of Sri. S.V.Krishna Reddy, Advocate, for the complainant , and Sri. S.Ch. Basha, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M.Krishna Reddy , Male Member)
C. C.No.63/09
1. This case of the complainant is filed U/s 12 of C.P.Act, 1986 ,seeking a direction on the opposite party to pay Rs.66,000/- towards motor cycle cost, Rs.10,000/- for mental agony ,cost of compliant and future interest on the awarded amount.
2. It is the case of complainant that he is the owner of the pulsar 150 Motor Cycle bearing No. AP 21 P 1496. On 23-11-2008 at 6-30 PM he had gone to first show at the theatre of opposite party , parked his motor cycle in the parking stand of the theatre after paying the necessary stand fees, and obtained a receipt for the same. Subsequently , not being interested to watch the movie , he came out of the theatre and found his motor cycle missing. The management and the watchman of the theatre did not respond to his complaint about missing of his motor cycle. He went to the police station and lodged a compliant which was registered as Cr.No.360/2008 U/S 379 of I.P.C. . Despite the complaint , the vehicle was not traced, the complainant requested the opposite party to compensate him by paying the cost of the vehicle as he was responsible for the lose of the same. As there was no response from the opposite party and he got issued legal notice to the opposite party and as the opposite party did not respond, he was compelled to file the complaint seeking appropriate reliefs.
3. To substantiate his case the complainant relied on the following documents viz., (1) cinema tickets bearing No. 009296 & 009297 issued by opposite party to the complainant , (2) scooter parking token No. 2359 issued by opposite party , (3) R.C of the vehicle No. AP 21 P 1496 (original ) (4) Xerox copy of FIR , (5) invoice dated 25-11-2006 relating to the purchase of motor cycle by the complainant (6) office copy of legal notice dated 14-12-2008 along with acknowledgement and (7) letter dated 25-02-2009 of Syndicate Bank as to clearance of loan , besides to the sworn affidavit of complainant and the above documents are marked as Ex.A1 to A7 to support his claim.
4. In pursuance of the receipt of the notice of this forum, the opposite party made its appearance through his counsel and contested the case filling written version denying his liability for complainants claim.
5. The written version of opposite party submits that the complaint is not maintainable either in law or on facts and besides denying the allegations in the complaint contended that he had let out the parking stand to one Kantha Reddy who was responsible for the loss of the vehicle and not impleading the said Kantha Reddy to the complaint is bad for non – joinder , and that the complainant is not the consumer with in the meaning of the Act and prayed for the dismissal of the complaint with cost.
6. In support of the case the opposite party did not file any documents except the sworn affidavit.
7. Hence, the point for consideration is whether the complainant has made out any deficiency on the part of opposite party sustaining its liability to the complainants claim.
8. The Ex.A1 is the cinema tickets , clearly establishes that the complainant attended first show of the movie on 23-11-2008. The Ex.A2 , scooter parking token clearly establishes that he parked the motor cycle in the parking stand of Srinivasa Cinema complex , Kurnool. The Ex.A3 RC of the vehicle , Ex. A5 invoice dated 25-11-2006 relating the purchase of the vehicle , Ex.A7 – letter of loan clearance from Syndicate Bank dated 25-02-2009 would establish the ownership and possession of the vehicle of the complainant .
10. The contention of the complainant that he attended the movie in the theatre of opposite party on 23-11-2008 for first show , parked the vehicle in the parking stand , obtained the receipt and the vehicle was missing when he returned from cinema hall are proved beyond any reasonable doubt. Except bare denial , the opposite party did not make any attempt to disprove the claim of the complainant as regards to the facts mentioned above.
11. The contention of the opposite party about letting out parking area to a third party cannot be accepted , since it is belated and not supported by any documentary evidence and not even pleaded in response to the legal notice issued on behalf of the complainant , even other wise such contention does not absolve the primary responsibility of the opposite party as the owner of the theatre.
12. In view of what is stated above the forum holds that the complainant has established all the facts entitling him to receive the compensation under different heads as claimed by him.
13 Now the question is what is the quantum of compensation that can be awarded to him ? The claim of Rs.66,000/- towards cost of the vehicle is excessive. In the complaint given by him itself the complainant mentioned the cost of the vehicle being Rs.30,000/-.
13. The opposite party did not take any action on the basis of the complaint made to him and inspite of legal notice . He showed callous indifference in responding to the complaint and making any effort to recover the lost vehicle. Therefore , he is entitled compensation for mental agony.
14. For the reasons set out above the complainant is allowed directing the opposite party to pay Rs.30,000/- towards cost of the vehicle and Rs.3,000/- for mental agony and Rs.,1000/- towards the cost of this case, payable with in 30 days from the date of receipt of this order. In default , the awarded amount shall be payable by the opposite party with an interest at the rate of 12 Percent p.a from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 13th day of August, 2009.
Sd/- Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC) MALE MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Ticket No.009296 & 009297.
Ex.A2. Scooter token No. 2359 for Rs.6/- pertaining to Srinivasa
Cine complex, Kurnool.
Ex.A3. RC of vehicle No. AP 21 P 1496.
Ex.A4. Xerox copy of the FIR No. 360.
Ex.A5. Invoice dated 28-11-2006 as to the purchase of pulsar
Ex.A6. Office copy of legal notice dated 14-12-2008 along with
acknowledgement.
Ex.A7. Letter dated 25-02-2009 of Syndicate Bank as to clearance
of the loan by the complainant pertaining to the said vehicle.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC) MALE MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
