Date of Filing     29.12.2023

                                                                                                             Date of Disposal: 30.05.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                          …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                                ……MEMBER-I

               THIRU.P.MURUGAN, M.Com., ICWA(Inter), BL.,                                                          …….MEMBER-II

CC.No.16/2024

THIS THURSDAY, THE 30^th DAY OF MAY 2024

Mr.G.Venkatesan,

S/o.Govindaraj,

No.2/150, Pillaiar Kovil Street,

Kadamabatur Post,

Adikathur, Kadambatur,

Thiruvallur 631 203.                                                                                 ......Complainant.

                                                                         //Vs//    

1.The Proprietor,

   Anand Cycle and Company,

   No.36, J.N.Road,

   Thiruvallur -602 001.

2.The Manager,

    Hercules Cycle Company,

    No.402, Penisula Heights,

    CD Barfiwala Marg,

    Juhu Lane, Andheri (W),

    Mumbai- 400 058, Maharashtra, India.                                      …..Opposite parties.

Counsel for the complainant                                         : M/s.R.Gunaseelan, Advocate.

Counsel for the opposite parties                                     : Exparte.

This complaint coming before us on various dates and finally on 02.05.2024 in the presence of M/s.R.Gunaseelan, counsel for the complainant and opposite party was set exparte for non appearance and upon perusing the documents and evidences of complainant’s side this Commission delivered the following:

ORDER

PRONOUNCED BY Tmt. Dr.S.M. LATHA MAHESWARI, PRESIDENT.

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties in selling a defective bicycle along with a prayer to direct the opposite parties to take back the manufacturing defective cycle and to give back Rs.9,856/- with interest from the date of purchase, to pay a sum of Rs.800/- spent by the complainant towards general service, to pay a sum of Rs.800/- spent by the complainant towards medical expenses to his son, to pay a sum of Rs.12,000/- spent by the complainant towards auto rent, to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a  sum of Rs.10,000/- towards litigation expenses to the complainant.

Summary of facts culminating into complaint:-

2. It was the case of the complainant that he purchased a new Hercules Deadpool cycle from the 1^st opposite party shop for a sum of Rs.9856/- vide invoice No.16 on 11.12.2022 and on the same day the brand new cycle got delivered with warranty period of 2 years. Complainant had given the cycle for general service on proper date and time and for service done on 02.10.2023. Service cost Rs.800/- was paid.  However, while complainant’s son was riding the cycle the break and handlebar automatically got broken into two pieces due to poor quality of handlebar fixed in the cycle.  Complainant’s son was injured on hands, his legs got scratched and was bleeding on the road. Complainant spent for medical expenditure Rs.800/- on 15.10.2023 and his son could not attend the school for the next two days because of injuries. The complainant handed over the cycle to the 1^st opposite party for repair. But they directed the complainant to approach the 2^nd opposite party as the complainant demanded a new cycle because of the manufacturing defect in the cycle. The complainant had purchased it on 11.12.2022 and not even completed one year from the date of purchase. Thus aggrieved by the act of the opposite parties the present complaint was filed for the reliefs as mentioned above.

3. On the side of complainant proof affidavit was filed along with documents marked as Ex.A1 & Ex A9. Though notices were served to the opposite parties they did not appear before this Commission to file any written version within the mandatory period as per the statute and hence the opposite parties was called absent and set exparte on 02.04.2024. 

Points for consideration:-

1. Whether the complaint allegations as to defect in the services rendered by the opposite parties in the matter of selling “Hercules Dead Pool” cycle has been successfully proved by the complainant by admissible evidence?
2. If so, to what relief the complainant is entitled?

Point No.1:-

4. Perused the written arguments along with other pleadings and material evidence produced by the complainant.

5. The case of the complainant is that he purchased the “Hercules Deadpool” bicycle for a sum of Rs.9,856/- from the 1^st opposite party on 11.12.2022 with 2 years warranty.  However, on 15.10.2023 even before completion of one year the cycle got damaged and parts were broken. Though contacted both the opposite parties did not provide any solution and hence the complaint.

6. The opposite parties inspite of sufficient notices did not turn up to rebut the allegations raised by the complainant.  Hence, the complaint has to be decided based on the documents produced by the complainant.

7. Vide Ex.A1 dated 11.12.2022 it is seen that the complainant has purchased the bicycle.  Further on 04.10.2023 an amount of Rs.800/- was sent to opposite party through Google Pay.  It was contended by the complainant that the said amount was paid to the 1^st opposite party for the service rendered by them.  It is seen that legal notice issued to the opposite parties, but there was no reply from them.  As already mentioned even before this Commission they failed to appear to contest the complaint.  Hence, we are of the view that the complaint averments/allegations stood proved.  If at all the allegations as to the defects in the cycle was not true, the opposite parties would have appeared to contest the claim.  But they did not even send any reply to the legal notice issued by the complainant.  Thus in the facts and circumstances, we hold that the complaint allegations as to deficiency in service in supplying a defective vehicle stood established.  The complainant had contended that after the incident happened on 15.10.2023, the complainant’s son could not use the vehicle and was having transport through Auto.  Thus it was well established that the cycle was beyond repair and was having manufacturing defect. Thus the point answered in favour of the complainant holding both opposite parties liable as they supplied a defective vehicle and also failed to act on the complaint made by the complainant.

Point No.2:-

8.  As we have held above that the cycle suffers with some manufacturing defect due to which it got broke down within a year and within the warranty period, we thought it would be appropriate to direct the opposite parties to return the cost of bicycle to the complainant.  For the mental agony and hardship suffered by the complainant we award Rs.25,000/- to be paid as compensation by both the opposite parties as we have already held both opposite parties liable.  Litigation cost of Rs.5,000/- is also awarded.

In the result, the complaint is partly allowed against the opposite parties 1 & 2 directing them

a) To refund the cost of bicycle Rs.9,856/- (Rupees nine thousand eight hundred fifty six only) to the complainant within six weeks from the date of receipt of copy of this order and complainant to return the bicycle on receipt of amount;

b) To pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for the mental agony and hardship caused to the complainant;

c) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant;

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 12% per annum will be levied on the said amount from the date of complaint till realization.

            Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 30^th day of May 2024.

        Sd/-                                                 Sd/-                                                                Sd/-

MEMBER-II                                    MEMBER-I                                                  PRESIDENT

List of document filed by the complainant:-

   Sd/-                                                            Sd/-                                                             Sd/-

MEMBER-II                                           MEMBER-I                                           PRESIDENT