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IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.29/2013

(Against the order in C.C.No.98/2011, dated 03.08.2012 on the file of the District

Forum, Kanyakumari @ Nagercoil)

THURSDAY, THE 9^TH DAY OF SEPTEMBER 2021.

Mr.Vijith,

S/o.Mani,

Library Street,

Puthukudiyiruppu,

Nagercoil-629 001. Appellant/1^st Opposite Party

-Vs-

1. Mr.Manivarman,

S/o.Maneendran,

11, Perumal Street,

R.V.Puram, Nagercoil-629 001.

2. Mr.M.Thomas,

President,

Kanyakumari Jillai Consumer Protection Centre,

Nagercoil

1^st and 2^nd Respondent/Complainants

3. Senior Divisional Commercial Manager,

Southern Railway,

Thaikkadu,

Tiruvandrum-14.

3^rd respondent/3^rd opposite party

4. The Chief Commercial Manager,

Southern Railway,

Park Town,

Chennai -600 003.

4^th respondent/4^th opposite party

5. The General Manager,

Southern Railway,

Chennai.

5^th respondent/5^th opposite party

Counsel for Appellant/ 1^st Opposite Party : Mrs.R.Dhanalakshmi, Advocate.

Counsel for 1^st and 2^nd Respondent/Complainants : Mr.G.Balakrishnan, Advocate

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Counsel for 3^rd to 5^th Respondents/3^rd to 5^th opposite parties : Given-up

This appeal coming before us for final hearing on 31.08.2021 and on hearing the

arguments of both sides and on perusing the material records, this Commission made

the following:

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the appellant/1^st opposite party under section 15

read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order

of the learned District Forum, Kanyakumari at Nagercoil made in C.C.No.98/2011, dated

03.08.2012, allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as they

stood arrayed in the District Consumer Disputes Redresssal Forum.

3. The Appellant/1^st opposite party, suffering an order, directing the appellant/1^st

opposite party to return the bullet or its price of Rs.58,000/- to the complainant within

one month from the date of this order and also to pay Rs.5,000/- as compensation and

Rs.1,000/- as costs to the 1^st complainant in the hands of the learned District Consumer

Disputes Redressal Forum, Kanyakumari at Nagercoil, (hereinafter referred to as District

Forum), has preferred this appeal before this Commission.

4. The brief facts of the complainant’s case are as follows:

The 2^nd complainant is the President of Consumer Protection Centre. The 1^st

complainant is a resident of Nagercoil and working at Techno Park, Trivandrum. He

used to park his bullet TSH 3332 in the 1^st opposite party’s parking centre by paying

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necessary fee. On 28.06.2011, the 1^st complainant parked his bullet TSH 3332 in the 1^st

opposite party’s parking centre and paid Rs.3/- as charge and taken the token. When

he was returning after 8.10 PM from the train, the said bike belongs to the 1^st

complainant was not there. He searched here and there and enquired into the 1^st

opposite party. Later, the 1^st complainant preferred complaint before the Kottar Police

Station and the complaint was received and receipt No.58011 was given. Even after so

much of requests, the motor bike belongs to the 1^st complainant was not traced and it

caused tremendous mental strain to the 1^st complainant. The attitude of the opposite

parties especially the 1^st opposite party caused mental strain. Due notice was sent to

the opposite parties. However, no positive response received from the opposite parties.

Therefore the complaint is filed against the opposite parties and prays for return of

Enfield bullet bike or Rs.1,00,000/- as price of the said vehicle and Rs.2,00,000/- for

compensation and fo

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