SumitVs. Badhwar & Co.

Present:       Sh. Vinod Singh Malik, Advocate for the complainant.

                   Today the case is fixed for consideration. We have perused the complaint and documents placed on file and also heard ld. Counsel for the complainant.

                   In opening para of the complaint it is mentioned that : “The complainant filing this complaint on false and frivolous grounds and the complainant present in this Hon’ble Commission with clean hands”.

                   We have minutely perused the further contents of the complaint. The complainant has pleaded in his complaint that vehicle was having manufacturing defect and he approached the respondent no.1 on dated 18.11.2023 i.e. just after two days of its purchase. In the whole complaint what type of defect occurred in his motorcycle has not been described in any para of the complaint by the complainant.  A submission has been made that the vehicle has a manufacturing defect and it is merely a presumption of the complainant himselfwithout any supporting mechanical or technical report. We have also perused the documents attached with this complaint. Page no.1 to 5 are the complaint and supporting affidavit, page no.6 to 8 are  legal notice, page no.9 registered post receipt, page no.10, 11 are track consignment report,page no.12 delivery challan issued by Budhwar& Company dated 16.11.2023, page no.13 is a receipt of Rs.3000/-. Page no14 customer copy/job card of Royal Enfield,in which no defect is mentioned and page no.15  is a treatment slip issued by Civil Hospital for the treatment of A/H/O fall from bike on 17.11.2023. No mechanical or technical report supported with this complaint. Complainant has not mentioned a single word in the complaint that what is the cause of action to file the present complaint and what type of deficiency is made by the opposite parties. No deficiency in service is established on the part of opposite parties and no prima-facie case is made out against the opposite parties. Hence the present complaint is not maintainable before this Commission and the same is hereby dismissed with no order as to costs.

                   Copy of this order be supplied to the complainant free of cost and file be consigned to the record room after due compliance.

Member                          Member                                   President/16.02.2024.