Haryana

StateCommission

MA/205/2024

HERO MOTOCORP LTD. - Complainant(s)

Versus

AMAN KUMAR - Opp.Party(s)

RAJ KUMAR NARANG

07 May 2024

ORDER

Heading1
Heading2
 
Miscellaneous Application No. MA/205/2024
( Date of Filing : 16 Apr 2024 )
In
First Appeal No. A/471/2024
 
1. HERO MOTOCORP LTD.
HERO MOTOCORP LTD
...........Appellant(s)
Versus
1. AMAN KUMAR
AMAN KUMAR
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
  MANJULA MEMBER
 
PRESENT:
 
Dated : 07 May 2024
Final Order / Judgement

Mr. Raj K. Narang, counsel for appellants.

 

                   Present appeal has been preferred against order dated 05.02.2024 passed by District Consumer Commission-Yamuna Nagar at Jagadhri, vide which liability has been fastened upon appellants to pay Rs.54,900/- (cost price of Motorcycle) and punitive damages of Rs.20,000/-. Along with appeal application (MA No. 205 of 2024) for interim relief/stay has also been filed. While pressing for interim relief/stay, learned counsel for appellants has contended that: vehicle had covered mileage of about 15,000 kms at the time of filing of complaint. It has also urged that should there be any manufacturing defect in the vehicle; burden lay upon the complainant to prove the same through expert report and in this case there is no expert report. It is contended that there was a specific stand taken by appellant in defence entered before learned District Consumer Commission by stating that company does not provide replacement guarantee with their vehicles and learned District Consumer Commission has ignored all these aspects.   These contentions of learned counsel for appellants, prime-facie carry credence. This being so, during pendency of this appeal, implementation of impugned order dated 05.02.2024 would remain stayed. As per office report, Rs.37,500/- has also been deposited by appellants, being the statutory amount required to be deposited while filing instant appeal. This amount will also keep lying here during pendency of this appeal. Application (MA No. 205 of 2024) for interim relief/stay stands disposed off in above terms.

                   Let notice of main appeal be issued to respondent for 20.12.2024 through registered post.

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 
 
[ MANJULA]
MEMBER
 

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