PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he is the owner of vehicle bearing No.MH-01-AV-0761.  The Car Speed Sensor was not working properly therefore he approached the service centre of the O.P.No.1. After inspection of the vehicle, it was told that ABS Sensor Light needs to be replaced.  The complainant was told that after service, there will be no problem for three to four years.  The complainant paid Rs.33,087/- for the work to the opponent vide Tax Invoice dated 4^th January, 2014.  After few months, the same problem started.  Again, the complainant approached the O.P.No.1. The complainant was directed to pay Rs.18,955/-.  Accordingly, the complainant paid Rs.18,955/- vide Tax Invoice dated 12^th August, 2014.  Still, the problem was not solved.  The complainant approached the O.P.No.1.  The complainant was asked to pay cost Rs.14,430/-. The complainant refused to pay it.  In spite of several requests, the opponents failed to repair the problem thereby the complainant suffered. Therefore, the complainant has filed this complaint for refund of Rs.53,324/- with interest.  He has also prayed for alternate arrangement charges Rs.45,000/-. He has claimed compensation of Rs.50,000/- for mental harassment and litigation cost of Rs.20,000/-.

2)                The opponents remained absent though duly therefore the matter was proceeded exparte against both the opponents. The complainant has filed his affidavit of evidence.  He has produced the copies of documents and correspondence.  The evidence produced by the complainant is not challenged by the opponents.  The Tax Invoice produced by the complainant show the payment by the complainant to the opponents.  The notice issued by the complainant was not replied by the opponents. In spite of payment by the complainant, the opponents failed to repair the problem therefore, the complainant is entitled for refund of the amount paid by him to the opponents.  The complainant had paid total amount of Rs.53,324/- to the opponents.  The opponents are bound to refund the amount to the complainant.      

3)                The complainant has claimed amount of Rs.45,000/- towards alternate arrangement. But, there is no evidence to that effect.  The opponents are not liable to pay for alternate arrangement.  Therefore, the complainant is not entitled for these charges.  The complainant has claimed compensation of Rs.50,000/- for mental harassment.  We think, it is excessive claim. Compensation of Rs.5,000/- will suffice the purpose. Besides this, the complainant is entitled for the cost of this litigation Rs.1,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund Rs.53,324/- (Rs.Fifty Three Thousand Three Hundred Twenty Four Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 10^th December, 2014 till realization. 
3. The opponents are also directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as compensation for mental agony. 
4. The opponents are further directed to pay Rs.1,000/- (Rs.One Thousand Only) to the complainant as cost of this litigation.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced on 5^th January, 2016