Date of filing : 21-03-2009 Date of order : 05-02-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 75/09 Dated this, the 5th day of February 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Abdulla Timber, S/o.Mammunhi, Suhana Manzil, } Complainant Mannamkuzhi, Uppala.Po, Kasaragod Taluk. (Adv.B.Aboobacker,Kasaragod) Ummer Farook, } Opposite party S/o.Moideen Kunhi, Mechanic “Farook Manzil”, Kodange House, Po. Uppala, Kasaragod. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Facts briefly stated are that the Maruti 800 car bearing Reg.No. MH-1-M-3819 purchased by complainant for Rs.1,30,000/- had occurred certain defects in the engine. Hence the complainant took the vehicle to opposite party who is a mechanic by profession. After examination of the vehicle the opposite party informed the complainant that there was a problem with gear and engine and hence requires some repair for that 2 days time is required. Opposite party then promised to return the vehicle in good condition on or before 14-10-2007. But when the complainant approached opposite party to took delivery of the vehicle, he could see that his vehicle is parked 25 metres away from the workshop. The vehicle was totally gutted. The opposite party then told that some unknown person lit fire to the car and destroyed. The opposite party then promised to replace the car with full condition within 15 days but the opposite party did not keep his word. As a result complainant has caused a loss of Rs.1,30,000/-. The complainant thereafter issued a registered lawyer notice on 29-7-2008 to the opposite party. Though opposite party received the notice he did not care to comply the demand made in the notice. Hence the complaint. 2. Opposite party remained absent even after notice through publication, since the notice sent to opposite party by registered post is returned un served. Hence opposite party set exparte. 3. Complainant filed affidavit in lieu of oral evidence as PW1. Exts A1 to A3 marked. Heard the counsel for the complainant. Documents perused carefully. The complainant submitted that the opposite party kept the car outside the garage in another persons premises in an open place and that helped the miscreants to lit fire to his vehicle. Ext.A1 is the copy of the registered lawyer notice issued to the opposite party by the counsel for the complainant and Ext.A2 is it’s acknowledgement card. Ext.A3 is the FIR registered by the Manjeshwar police with respect to the arson of the car belongs to the complainant. It is pertinent to note that the FIR is lodged by the opposite party himself. In the FIR opposite party has reported that the Maruti car bearing Reg.No.MH-01/M3819 belongs to the complainant was set ablaze by some unknown persons. According to him the car would fetch Rs.1,15,000/-. 4. Since the opposite party himself has assessed the value of the car as Rs.1,15,000/-. We have no hesitation to hold that opposite party is liable to recompense the complainant by paying the said amount. In the result, complaint is allowed and opposite party is directed to pay Rs.1,15,000/- to the complainant with a cost of Rs.2000/-. Time for compliance is limited to one month from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.29-07-08 Copy of lawyer notice. A2. Postal Acknowledgment card A3.FIR PW1.Abdulla Timber. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
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