By. Sri. Chandran Alachery, Member:
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to pay a loss of Rs.2,40,000/- sustained to the complainant and Rs.20,000/- as compensation and cost of the proceedings.
2. Brief of the complaint:- The complainant purchased a Swaraj Mazda Tipper Goods carriage vehicle from opposite party on 18.12.2013. The complainant availed loan facility of Rs.7,50,000/- from Sundaram Finance Limited. The monthly installment repayment amount is Rs.22,000/-. The complainant is a driver by profession. On 06.06.2013, the vehicle while on trip met with an accident at Ghat Section, Thamarassery and the vehicle was taken for repairs on 08.06.2013 to the opposite party. The opposite party promised that the vehicle will be given back after repair after one month. But the opposite party did not repair the vehicle and give back within the stipulated time. After 8 months, on 31.01.2014, the opposite party returned the vehicle to the complainant after repair. The complainant is running his livelihood only from the income from this vehicle and the complainant have to remit Rs.22,000/- per month as installment amount towards loan. The complainant sustained a loss of Rs.40,000/- per month for a period of 8 months and the total loss is Rs.2,40,000/-. The loss sustained is only due to the delay of 8 months in repairing the vehicle by opposite party. Hence this complaint.
3. On receipt of complaint, Notice was issued to opposite party and the Notice was served to opposite party on 05.03.2014. The case was posted to 27.03.2014 for appearance of both parties. The opposite party did not appear on 27.03.2014 and for appearance and version of opposite party the case was posted to 07.04.2014 and 30.04.2014. On 30.04.2014 also the opposite party was absent and not filed version. The Opposite party was set ex-parte on 30.04.2014.
4. On going through the complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency in service on the part of the opposite parties?.
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and additional proof affidavit and documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to Ext.A4. Ext.A1 is the Original Receipt issued by opposite party to the complainant on 25.09.2013 for a sum of Rs.50,000/-. Ext.A2 is also an Original Receipt issued by the opposite party to the complainant on 31.01.2014 for a sum of Rs.1,50,000/-. Ext.A3 is the Photocopy of Job cards, Ext.A4 is the Letter issued by opposite party to the Manager, Sundaram Finance, Sulthan Bathery. The case of the complainant is that the opposite party delayed to give back the vehicle after repair and there is a delay of 6 months. The complainant states that the complainant is living with the income derived from driving the taxi vehicle and there is a loss of Rs.40,000/- per month. So the complainant states that there is a total loss of Rs.2,40,000/- ie (40,000x 6 months)=2,40,000/-. By perusing the complaint and documents, the Forum found that there is nothing to disbelieve the case of the complainant. It is up to the opposite party to deny all these contentions of complainant. But the opposite party even if have office in Wayanad District and received notice from the Forum, did not appear before the Forum and challenged the case. Hence the Forum found that there is deficiency of service from the part of opposite party in dealing the matter. Even though the complainant claimed Rs.40,000/- as loss per month, the Forum limited the loss to 20,000/- per month. The total loss for 6 months is Rs.1,20,000/- ie (Rs.20,000x6). The Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of complainant, the complainant is entitled to get the cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party is directed to pay Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) ie (Rs.20,000x6=1,20,000/-) to the complainant as loss sustained to him. The opposite party is also directed to pay Rs.500/- (Rupees Five Hundred Only) as cost and Rs.500/- (Rupees Five Hundred Only) as compensation to the complainant. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the opposite party is directed to pay 12% interest for the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 9th day of October 2014.
Date of Filing:26.02.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1(Proof affidavit). Binu Sebastian. Complainant.
Witness for the opposite parties:-
Nil.
Exhibits for the Complainant:-
A1. Receipt. Dt:25.09.2013.
A2. Receipt. Dt:31.01.2014.
A3. Copy of Job Card. Dt:08.06.2013.
A4. Letter. Dt:27.02.2014.
Exhibits for the Opposite Parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
