BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C.CASE NO.159/2020

Shaikh GM Tarafdar, Pslot No.LIV-213, Phase – 4,

Dumduma Housing Board Colony, Near Ram Mandir,

Bhubaneswar – 751019

                                                                             ….     Complainant

          -Vrs.-

1. M/s Venus Automobiles, Plot No.5D,

Cuttack Road, Opposite of Falcon House,

2. M/s Yamaha Motor Company Ltd.,

A-3, Industrial Area, Noida Dadri Road,

Surajpur, Gautam Budh Nagar - 201306

                                                                             ….     Opp. Parties

For the complainant                :         C.Sahoo & Associates  (Adv.) 

For the O.Ps                                      :         Exparte

DATE OF FILING                  :                  05/10/2020

DATE OF ORDER                 :                  27/04/2022

ORDER

S.TRIPATHY, MEMBER (W)

1.       The  complainant has filed this Consumer Complaint U/s 35 of the C.P.Act, 2019. 

2.       The brief contention of the complainant is that,  the complainant  purchased one Yamaha FZ 25 motor cycle from  M/s Venus Automobiles (OP No.1),  who is an authorized dealer –cum- service centre of M/s Yamaha Motor Company Ltd. (OP.No.2) vide invoice No. V/C/635/18-19 dated 20/02/2019 on payment of consideration amount of Rs.1,20,835/-. As per the terms & conditions of the warranty, the  complainant was supposed to avail free servicing of his motor cycle in question from the OP No.1 within two years from the date of purchase i.e. on 20/02/2019. It was within that warranty period the complainant  noticed that a weird noise was coming from the engine of his motor cycle and to rectify this problem he handed over the said motor cycle to the OP No.1 on 13/02/2020. Despite several visits to the service  centre, the complainant could not get back his motor cycle. Since then it is lying  with the OP No.1 who failed to hand over the motor cycle to the complainant with proper  servicing and repairing  as promised on the ground that the spare parts were not available with the OP No.1. Also, the  OP.No.1 refused to extend the warranty period of the motor cycle even after the complainant was ready to make required payment of Rs.1111/-. On being harassed by the non-cooperative response of the OP.No.1,  the complainant decided to resolve the dispute through Consumer Protection Act. Hence, this complaint.  

3.       Upon notice, the OPs did not submit their written versions and subsequently set exparte vide order dated 10/12/2021 and exparte hearing was taken up.

4.       On due perusal of the case record and verification of the relevant documents  filed by the complainant, it is ascertained that the complainant  is undisputedly  a consumer and  has  filed this case within the period of limitation along with the  supporting documents.  On the basis of the evidence adduced by the complainant, it is established that the complainant  had given his Yamaha FZ 25 motor cycle to the OP No.1 on 13/02/2022 for free servicing and repairing which was within the limit of

warranty period.  But the OP No.1 failed to repair /  remove the defects and also failed to hand over the motor cycle in question to the complainant, which, in our considered opinion, amounts to  deficiency in service  on the part of the OP No.1. Hence it is ordered.

ORDER

In the result, the complaint is hereby allowed exparte against the OP No.1 and dismissed exparte against the OP No.2. The OP No.1 is   hereby directed to remove all the defects from the motor cycle in question by replacing the defective  spare parts with new ones  or to refund  Rs.1,20,835/- (Rupees one lakh  twenty thousand eight hundred thirty-five) only   to the complainant towards cost of the motor cycle  along with  interest @ 9% per annum from the date of  filing of this Complaint  till the date of payment.  The OP No.1 is further  directed to pay a sum of Rs.10,000/- (Rupees ten thousand) only to the complainant towards the cost of  mental agony and harassment along with  Rs.5000/-  (Rupees five thousand) only towards the cost of litigation .   The order be complied with by the OP No.1 within a period of one month  from the date of communication of this order, failing which the complainant will be at liberty to  execute the same against the OP No.1  in accordance with law.

The order is pronounced on this day the  27^th April, 2022  under the seal & signature of the President and Members  of the Commission.

                                                                            (S.TRIPATHY)

                                                                               MEMBER(W) 

Dictated & corrected by me

           Member ( W) 

I agree                                                                               I agree

Member                                                                            President

(B.R.SWAIN)                                                                (K.C.RATH)

Transcribed by Smt.M.Kanungo, Sr.Steno :