IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 10th DAY OF OCTOBER 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
Sri.Stanly Harold, B.A.LLB, Member
CC.No.145/2021
Vinish V., 35 years,
S/o K.Vijaya Mohan,
residing at NRA 95,
Neelamthottam, Lekshmi Nada,
Cutcherry P.O., Kollam 691013. : Complainant
(By Adv.Nisa Fasil)
V/s
The Proprietor,
NKR Logistics Pvt.Ltd, havings its
Registered office at No.L-105/237, : Opposite party
L-Block, street No.74, Mahipalpur,
New Delhi 110037.
ORDER
Sri.Stanly Harold, B.A.LLB, Member
This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.
The averments in the complaint in short are as follows:-
The complainant availed the services of the opposite party for transportation for the vehicle Mahindra Thar vehicle 2017 model with registration No.KL-02 BB 8167 from New Delhi to his home town Kollam and entrusted the vehicle for transportation on 10.12.2020 and had paid a consideration of Rs.40,620/- towards service charges. The opposite party has issued a cash transport bill No.1972 dated 10.12.2020 acknowledging the receipt of the amount. The said vehicle was delivered to the complainant on 28.12.2020 at the time of delivery of the vehicle the complainant was shocked to see the worst condition of the vehicle which are:- 1) The A/C nobe was broken 2) Fuel lock was filled with mud 3) Alcohol containers were found in the vehicle 4) Tyres were damaged.
5) The diesel tank of the vehicle was empty at the time of delivery of the vehicle. But when the complainant entrusted the vehicle to the opposite party on 10.12.2020 the vehicle contained ¼ of the fuel tank, which has a capacity of 60 litters. 6) The vehicle has undergone rash and negligent driving and so full of mud. The vehicle’s clutch has gone tight. While breaking, it makes noise and the brake was found loose. 7) Heavy sound and vibration from the silensor was also found.
The opposite party delivered the vehicle at Kerala after a delay of 18 days. In a normal case the time duration of the transport of a vehicle is 7 days. The complainant strongly apprehends that the opposite party rented the vehicle to other persons for unlawful enrichment and hence the delay and deplorable condition of the vehicle. In the circumstances the complainant was constrained to take the vehicle at the showroom to make it in a running condition. The complainant’s spend Rs.10,368/-(Ten thousand three hundred and sixty eight only) towards expenses for the repair of the vehicle and also paid Rs.29,507/- being the service charges. The opposite party had not property transported the vehicle . The complainant caused to issue a legal notice stating all these deficiency in service on the part of the opposite party on 22.02.202. The opposite party after receiving the notice sent a reply on 10.03.2021 alleging false and baseless allegations. The act of the opposite party is a clear case of deficiency in service which caused mental agony and suffering to the complainant which cannot be equated in terms of money. Hence the complaint.
Though notice was issued from this commission was served the opposite party failed to appear nor made any representation hence they were set exparte. The complainant filed proof affidavit by reiterating the averments in the complaint and got marked Exts.A1 to A5 documents.
Heard the counsel for the complainant and perused the records. Ext.A1 is the car transport bill dated 10.12.2020 for Rs.40,620/-. Ext.A2 is the bill issued from Pothen Autos Pvt.Ltd., Kollam for Rs.10368/- dated 06.01.2021. Ext.A3 is the bill issued from Pothen Autos Pvt.Ltd., Kollam for Rs.29,507/- dated 13.02.2021. Ext.A4 is the legal notice dated 22.02.2021 and the postal receipt. Ext.A5 is the reply notice dated 10.03.202 issued on the behalf of the opposite party.
The unchallenged averments in the affidavit coupled with Ext.A1 would establish prima facie that the complainant had entrusted vehicle to the opposite party on 10.12.2020 for the transportation from New Delhi to Kollam and the opposite party has received the amount of Rs.40,620/- as consideration for transporting the vehicle belongs to the complainant. The materials available record would prove that the opposite party has handled the vehicle in a most negligent manner and also caused undue delay in handing over the vehicle to the complainant. In an ordinary case the transportation of vehicle from New Delhi or from in any other North Indian States will take only a duration of 7 days. But the opposite party has caused in ordinate delay of 18 days. Hence the complainant is very suspicious about the act of opposite party. According to the complainant, he strongly believes that the opposite party had rented out the vehicle for illegal purpose so the delay has been occurred and damages caused to the vehicle. However the complainant has taken delivery of the vehicle from the opposite party and spent an amount of Rs.10,368/- for getting repaired the damages and also spent Rs.29,507/- toward the service of the vehicle to make it in a running condition. The opposite party had also caused very much damage to the vehicle of the complainant due to the negligent manner of transportation.
It is clear from the available evidence that the opposite party had sent Ext.A5 reply notice to the complainant but failed to appear and contest the case and the evidence tendered by the complainant remains unchallenged. The unchallenged averments in the proof affidavit coupled with Ext.A1 to A4 documents would establish deficiency in service on the part of opposite party.
It is true that the complainant has spent Rs.29,507/- as charges for servicing the vehicle. Servicing of the car is even otherwise necessary especially when it the vehicle had run from New Delhi to Kollam. Hence we are of the view that the complainant is not entitled to get the amount spent as service charges by the opposite party. It is also clear from the available materials that the complainant has sustained much mental agony and apart from financial loss due to the above acts of the opposite party. Therefore the complainant is entitled to get compensation for mental agony also. In the circumstances we find merit in the complaint and the same is only to be allowed in part except the refund of service charges spent by the complainant.
In the result complaint stands allowed in the following terms.
- The opposite party is directed to pay Rs.10,368/- to the complainant being the amount spent by the complainant to undo the damages caused to the vehicle and making it in a running condition.
- The opposite party is also directed to pay Rs.10,000/- as compensation for mental agony sustained to the complainant.
- The opposite party is also directed to pay Rs.3,000/- as costs of the proceedings to the complainant.
- The opposite party is directed to comply with the above directions within 45 days from the date of receipt of a copy of this order failing which the complainant is entitled to realize the amount for Rs.23,368/-along with interest @ 9% per annum except for costs from the date of the complaint till the realization from the opposite party and its assets.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 10th day of October 2022.
STANLY HAROLD:Sd/-
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : The car transport bill dated 10.12.2020 for Rs.40,620/-
Ext.A2 : The bill issued from Pothen Autos Pvt.Ltd., Kollam for Rs.10368/- dated
06.01.2021
Ext.A3 : The bill issued from Pothen Autos Pvt.Ltd., Kollam for Rs.29,507/-
dated 13.02.2021.
Ext.A4 : The legal notice dated 22.02.2021 and the postal receipt
Ext.A5 : The reply notice dated 10.03.202 issued on the behalf of the opposite party
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
