A.K.ANNAMALAI, J. - (1.) The complaint filed under Section 17 of the Consumer Protection Act- 1986 Complainant filed a complaint against the opposite party claiming a sum of Rs.18,42,554/- being the value of car with 24% interest from 10.8.08 and Rs.5,00,000/- by way of compensation for mental agony and deficiency of service with interest and for costs.
(2.) The gist of the complaint in brief as follows :- Complainant purchased a Scoda Laura car bearing registration No.TN 07-BZ-3393 from the opposite party and suddenly met with an accident due to an unexpected run over on the platform on 10.6.08 and immediately left the car for repair to the opposite party with a request to return the car after service not later than 13.7.08. The complainant impressed the opposite party to complete all the formalities regarding the insurance and for carrying out the repairs so that car could be delivered to them immediately and also alerted the opposite party about the urgency of situation as to use of the car for going to Tirupathy along with his newly wedded son on 13.6.08, since there was no response and till 12.6.08. Complainant issued a telegram on 13.6.08 at 9.00 am stating that he does not require the car if it is not returned within the time and sought for refund of entire purchase price paid by the complainant. The car required only minor repairs and there was no justification for the undue delay in repairing and hence a notice was sent on 20.6.08 and no reply was received and therefore the complainant not interested for the car any more and issued legal notice on 1.8.08 calling for to refund the car value and Rs.5,00,000/- for compensation and thereafter filed this consumer complaint claiming reliefs as above.
(3.) The opposite party denied the allegations of the complainant in their written version and stated that the car was met with a major accident and was handed over for repairs on 11.6.08 and the original documents were sent only on 12.6.08 and thereafter arranged for surveyor to inspect the vehicle and to process the insurance claim because of the same the specific date would not given for delivery of the vehicle and as the survey way completed only on 13.6.08 and immediately the car was started to be repaired and within 3 days it was made ready for delivery on 14.6.08. But the complainant has not taken delivery of the car even after it was intimated to him since the car met with an accident, the complainant did not want to take back the car and hence the complainant has chosen to claim the same from the opposite party and sought for replacing the complainant?s car. Hence there was no delay or deficiency on the part of the opposite party and it is only the complainant failed to take delivery of the car and the parts replaced in the car were so many to prove the major accident it met with. Hence the complaint to be dismissed.;