A. R. Meyyappan – Appellant
Versus
Union Motor Service Ltd. – Respondent
S.A. Kader, J. - This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.
2. The complainant is the owner of a Mitsubishi Canter Van bearing registration No. TN-07-9297 used as a public carrier. On 8.6.1991 the vehicle met with an accident near Salem and suffered extensive damages. It was entrusted with the opposite party for repairs. A note was prepared on 13.6.1991 by the opposite party signed by its representative and countersigned by the driver of the complainant's vehicle noting down the damaged parts and the items missing. The Insurance Company was informed of the accident and a surveyor inspected the vehicle in the workshop of the opposite party and assessed the loss. The complainant requested the opposite party to raise the bill for repairs directly on the insurer and there was some correspondence on that matter. To his surprise, the complainant received a letter dated 22.10.1991 from the opposite party stating that the gear box did not pertain to the vehicle, that the gear box assembly, the clutch disc and the clutch cover assembly release bearing were missing and that the hand brake unit was also missing. According to the complainant t
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