Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                    Complaint No. : 65.

                                                                    Instituted on     : 11.02.2019.

                                                                    Decided on       : 24.05.2019.

Narender s/o Umed Singh r/o Village Rurki, District Rohtak.

                                                                             ………..Complainant.

                                                Vs.

Ansh Bajaj Sheela Bye Pass Near Sagar Villa Hotel Delhi Circular Road, Rohtak.

.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH. VED PAL, MEMBER

                   DR. RENU CHAUDHARY, MEMBER.

Present:       Sh.Surender Hooda,  Advocate for the complainant.

                   Opposite party already exparte.

                                      ORDER

SH.VED PAL ,1 MEMBER: 

1.                          The present complaint has been filed by the complainant with the averments that he had purchased motorcycle Bajaj Discover in the year 2011. That on 31.10.2018 complainant had taken AMC card no.204 from the opposite party by making the payment of Rs.900/- as per which there was no labour charge of service, free engine oil and 10% rebate on new part. That the scheme was valid for 4 services or one year. That on 16.01.2019 complainant serviced his vehicle and opposite party charged Rs.100/- for labour charges and Rs.50/- for chain cleaning and lubricant. That the act of opposite party of charging the alleged amount against the terms and conditions of the AMC is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to refund the alleged amount of Rs.150/- and  Rs.900/- for AMC card  alongwith interest, compensation and litigation expenses to the complainant.

2.                          Notice of the present complaint was issued to the opposite party but opposite party failed to appear before the Forum, despite service. Hence, opposite party was proceeded against exparte vide order dated 22.03.2019 passed by this Forum.

3.                          Complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 16.05.2019.

4.                          We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                           After going through the file and hearing the parties it is observed that as per AMC card Ex.C1, complainant was entitled for free service of his vehcile but as per Ex.C6 an amount of Rs.50/- and as per Ex.C7 an amount of Rs.100/- was charged from the complainant and no rebate of 10% was given to the complainant by the opposite party which amounts to deficiency in service on the part of opposite party.

6.                          In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party to refund the amount of Rs.150/-(Rupees one hundred fifty only) and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant within one month from the date of decision.

7.                          Copy of this of and the order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

24.05.2019.

                                                          ..........................................

                                                          Ved Pal Hooda, Member.

                                                                        ..........................................

                                                          Renu Chaudhary, Member.