Rajasthan

StateCommission

A/61/2016

K.S.Motors Pvt.Ltd.through Director Vinyay Sankhala - Complainant(s)

Versus

Ateek Ahamad s/o Basir Mohmmad - Opp.Party(s)

Pursotam Vyash

17 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 61 /2016

 

K.S.Motors Pvt. Ltd. Branch Office Opp. Glass Factory, Tonk Road, Jaipur through Director

Vs.

 

Ateek Ahmed s/o Basheer Mohammad r/o 290 B, Sanjay Nagar B, Kalwar Road, Jhotwara, Jaipur & ors.

 

 

Date of Order 17.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.Purshotam Vyas counsel for the appellant

Mr.Sandeep Sharma counsel for the respondent

 

 

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the learned DCF, Jaipur 2^nd dated 18.12.2015 .

 

The contention of the appellant is that the proceedings remain ex-parte against the appellant before the Forum below. He has not been served and he came to know about the impugned order on the letter sent by the complainant-respondent. Thereafter he has moved this appeal.

 

There is no iota of evidence on the record to show that there was any manufacturing defect in the vehicle. Many times the vehicle has been handed over to him for service which was done by them correctly and no deficiency has been pointed out. In view of the above the Forum below should have dismissed the complaint.

 

Per contra the contention of the respondent is that there is deficiency of service on the part of the appellant. Again and again he has sent the vehicle for service but nothing has been

done by the appellant and the Forum below has rightly ordered

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the claim in his favour.

 

Heard the counsel for the parties and perused the impugned judgment and with the consent of the parties matter has been finally heard at the stage of admission.

 

The only contention of the respondent before the Forum below was that motorcycle was not in proper condition and there was manufacturing defect in it. Some deficiency has been shown that there was a leakage of petrol, pick up was not proper and many times it got stopped unnecessarily.

 

After relying on the contention of the complainant the Forum below has passed the order as there was no rebuttal from the side of the appellant. Now in appeal the contention of the appellant is that admittedly the vehicle was purchased on 30.11.2013. Free services were done coupons of which have been submitted before the Forum below and there is no mention of any defect in these free service coupons. As per the contention of the complainant himself first time deficiency occurred on 27.5.2014. The job sheet of 27.5.2014 Anx. 5 has been placed on record by the appellant where there is no mention of the fact that there is any manufacturing defect in the vehicle. Only due to mis-setting of RPM the vehicle was

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stopped which was set up by the appellant and penal has also been fixed. Further Ex. 6 to 12 job sheets have also been submitted where there is no mention of the fact that whether petrol is leaked or pick up is poor. The vehicle has been submitted for service only for complete check up or there is a noise of applying break and filter was also changed, horn sound, break etc. has been checked. Hence, in view of the documents submitted by the appellant it is clear that there was no manufacturing defect in the vehicle and every time when the vehicle was given to the appellant for service, it was done to the satisfaction of the respondent.

 

Before the Forum below as there was no rebuttal from the side of the appellant the complaint has been allowed but the documents which have been submitted by the appellant genuineness of which are not in dispute clearly rebuts the contention of the complainant-respondent and in view of the above the order of the Forum below is liable to be set aside. Hence, the appeal is allowed and the order of the Forum below dated 18.12.2015 is set aside.

 

(Kailash Soyal) (Nisha Gupta )

Member President

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