District Consumer Forum, Bokaro.
Consumer Case No. 91 of 2008
Shri Pashupati Yadav s/o late Ayodhya Singh
R/o Plot No. 184, Bari Co-operative colony, Bokaro Steel City. Dist.- Bokaro.
Versus
K.L. Bhasin & Company (Petrol Pump) Dealer of
Indian Oil Corporation Ltd. at Naya More, Bokaro
Steel City. Dist.- Bokaro.
Before-
S.M.Alam, President
Vijay Bahadur Singh, Member
Shabnam Praveen, Member
Date of Judgment-: 30 May, 2009
Date of case filing-: 27 November, 2008.
-: Judgment:-
The complainant has filed this case against the opposite party to pay cost of Pump and Nozzle worth Rs. 38000/- with 12 interests since 22.07.208 till payment, besides Rs. 500/- per day loss since 22.07.2008 till payment and compensation worth Rs. 50000/- for mental and physical agony and also Rs. 5000/- as cost of proceeding to him.
2 Brief fact of the case is that the complainant is registered owner of Tata ACS Magic Jeep bearing registration No. JH02J-6553 and the same vehicle is being used as commercial vehicle for obtaining all required papers from competent authority exclusively for the purpose of earning livelihood by means of self employment. The opposite party is a authorized dealer of India Oil Corporation and he operated Petrol Pump. The complainant purchased 9.82 Litter diesel on 22.07.2008 from the Petrol Pump of the opposite party on payment of Rs. 350/- and opposite party filled up said diesel through the said pump in the said vehicle of the complainant. The said diesel was mixed with water and hence the engine of the said vehicle seized just after use. The said vehicle brought in the work shop of Enar Enterprises Pvt. Ltd. at Naya More. The said work shop attended reappearing of said Jeep on 22.07.208. During the reappearing of the vehicle it was detected that water was mixed with diesel causing seized of the engine of the vehicle and due to water mixed diesel the Pump and Nozzle of the vehicle badly damaged and despite of repairing in the work shop the said vehicle could not recover. The opposite party sent the said pump and nozzle of the vehicle to authorized service Centre M/s Raj Diesel, Katras Road, Dhanbad on 24.08.2008 for its repairing and repair work of Pump and Nozzle was done at Dhanbad but failed to give any positive result. There is poor pick up after using water mixed diesel of the vehicle is not fit to use for commercial purpose.
3 The complainant again brought the vehicle in Enar Enterprises Pvt. Ltd. on 23.09.2008 for repairing the damage parts of the vehicle but even after 3rd repairing the said vehicle could not come in order to use it for earning livelihood for the family of the complainant and the said vehicle is kept and used since 23.07.2008. A registered legal notice was sent on behalf of the complainant on 18.10.2008 to the opposite party for the payment of Rs. 38000/- as the cost of Pump and Nozzle of the vehicle along with Rs. 45000/- as loss of Rs. 500/- per day since 23.07.2008. But the opposite party does not think to reply the legal notice of the complainant. That in the light of above facts and circumstances it appears that the opposite party committed unfair trade practice with the complainant by selling water mixed diesel in the complainant’s vehicle on account of which the Pump and Nozzle and other part of the vehicle damaged and the said vehicle became out of order in spite of repeated repairing. Thus the opposite party is also deficient and negligent and the complainant is entitled to get the amount mentioned above from the opposite party.
4 In spite of issuance of notice the opposite party neither appeared nor filed any written statement to contest the case, hence the case of the complainant is preceded.
5 The complainant was heard. The opposite party failed to appear and argue its case. While going through the case records and documents it is observed that 9.82 Lts. of diesel was purchased by the complainant on 22.07.2008 from the opposite party at a total price of Rs.350/- which was filled in the complainant’s vehicle, a Tata Magic Jeep bearing No. JH02J-6553. Later on the complainant’s vehicle gave trouble and as per the job card dated 28.07.2008 of M/s Enar Enterprises Pvt. Ltd. B.S.City water was found mixed with diesel. The vehicle was reported to the above work shop on 22.07.2008. But the complainant has failed to establish that the mixing of water with the diesel in the vehicle in question was done by the opposite party. Besides, the vehicle in question was being use for commercial purpose by the complainant as per the complaint petition. In view of the above we do not hold the opposite party negligent and deficient in service towards the complainant. The opposite party is, therefore, not held liable to pay any relief to the complainant.
6 Under the facts and circumstances of the case, no merit is found in the complaint case and the same is dismissed hereby accordingly.
Member (lady) Member President