DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 1st DAY OF OCTOBER, 2024.
PRESENT : SRI. VINAY MENON .V.
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING:04.03.2024.
CC/77/2024
Abdul Nazer P.K - Complainant
S/o.Muhammad, Payyanakulam House
(Iruppakotil), Mechery, Vallapuzha Post-679 336.
(Party-in-person)
Vs
Ummar Alias Babu, -Opposite Party
S/o/Kalandar, Pokkalathil House,
Vallapuzha Post-679 336.
(By Adv.A.A.Jamal)
ORDER
BY SMT.VIDYA A., MEMBER.
1. Order Based on the Terms and Conditions of the Mediation Agreement
The above CC was settled in mediation subject to conditions mentioned in the agreement and both parties had signed the agreement.
2. As per the agreement, the opposite party had agreed to transfer the Delhi Registration of Honda WR-V car in the name of the complainant changing it to Kerala Registration within 45 days. The opposite party had requested time till August 15, 2024.
3. On 09.09.2024, the complainant filed a statement (dated 27.08.2024) that the opposite party had not complied with the conditions in the mediation agreement. On 24.09.2024 also, the complainant was present and submitted that the opposite party had not acted in accordance with the agreement.
4. Clause (3) of the Mediation Agreement is the default clause which states that “In default of the above condition by the opposite party within the stipulated time, the complainant is at liberty to proceed with the case as per law.”
5. After arriving at an agreement, the opposite party had failed to comply that: It also amounts to an unfair trade practice on his part and a violation of the provisions of the Act.
So, We allow the complaint with the following direction.
1. We direct the opposite party to transfer the Delhi Registration of the car to Kerala Registration within 30 days of receipt of this Order or refund of Rs.86,000/- being the amount received by him for the work.
2. To pay a compensation of Rs.25,000/- for the non-compliance of the Agreement, Rs.15,000/- for the mental agony and financial loss suffered by the complainant and Rs.10,000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof, from the date of the order, till the date of payment.
Pronounced in open court on this the 1st day of October, 2024.
Sd/-
VINAY MENON .V, PRESIDENT
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:Nil
Document marked from the side of Opposite party:Nil
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 10,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.