M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The respondent/complainant had been to Nagercoil Municipality Cycle Safety Stand, on 22.11.2006, maintained by appellant/opposite party, in order to leave the cycle for safe custody, where the opposite party claimed excess of Rs.1.50, instead of Rs.1/-, thereby committed not only negligence, but also deficiency in service. When questioned, he abused the complainant, causing mental agony. Hence, the complainant is entitled to the excess amount paid namely Rs.1.50 as well as a sum of Rs.10,000/- as compensation.
(3.) The opposite party, admitting that he is conducting the Cycle Safety Stand of Nagercoil Municipality, as licensee, would contend that as prescribed and approved, he is collecting only Rs.1/- and never demanded or collected excess of Rs.1.50 from the complainant, which is evident from the receipt, that alleging false charges, the complainant, who is a litigant, has filed a false case, based upon frivolous allegations, thereby praying for the dismissal of the complaint.;