West Bengal

Birbhum

CC/29/2021

Golam Gaus UI Azam - Complainant(s)

Versus

Birbhum Riders (ASRE), - Opp.Party(s)

Subrata Mukhapaddhay

19 May 2023

ORDER

Shri Sudip Majumder-President-in-Charge.

            The complainant/petitioner files this case U/S 35 of Consumer Protection Act, 2019. The fact of the case in brief is that the complainant/petitioner, Golam Gaus UI Azam aged about 38 years, resident of Vill. and P.O. Kanachi, P.S. Mallarpur, District- Birbhum purchased a vehicle i.e. Royal Enfield Motor Cycle from OP No. 1 on 04/11/2020 being Regd. No. WB46G-9668, Engine No. U3S5F1414377, Chasis No. ME3U3S5F1LL145642 at a price amounting to Rs. 2, 14, 435.36 and at the time of purchase, the OP No. 1 also informed that the vehicle was under warranty for 5(Five) years and all the defects (if any) will be repaired by the authorized service centre free of cost.

            It is the further case of the complainant that after purchasing the said motor cycle, it reveals to the complainant that the Fuel Tank of the aforesaid Royal Enfield Bike is defective i.e. after purchasing the said motor cycle, the colour of the Fuel Tank is going fade day by day.

            It is the next case of the complainant that thereafter the complainant informed the OP members of the fact but the OP members flatly refused this complainant to entertain in respect of his problem, and thereafter the complainant was informed that there is no warranty in respect of colour of the said vehicle.

            Hence, after finding no other alternative the complainant is compelled to file this case before this Commission for proper relief and prays for:

1. To pass an order directing the O.P.s to replace the said Fuel Tank as well as all defective parts of the said Royal Enfield Motor Cycle and/or pay all the expenses along with service charge and price of the Royal Enfield to the complainant with interest from the date of purchase of the said motor cycle till realization of the same.
2. To pay the compensation amount amounting to Rs. 50,000/- to the complainant as soon as possible.

   

 

 

 

3.   Rs. 10,000/-(ten thousand) as harassment cost for mental agony and financial loss.
4.  Any other relief/reliefs as the Court think fit and proper.

 

It appears from the case record that none appears from OP sides before this District Commission

after receiving the notice. OP members have not taken any steps. No written version has yet been filed by the OP members. As a result of that vide order No. 10 dated 03/03/2022 this Commission stated for running of the instant case exparte against both the OP members.

            Complainant’s side submitted evidence-in-chief and written notes on argument (W/N/A). Some documents have also been filed by the complainant himself and compare with original documents. Original returned to the complainant. Thereafter, Ld. Advocate for the complainant made oral argument in support of his case.

          Points for determination/Issues/

1.  Whether the complainant is a consumer as per definition of the term ‘Consumer’ of the C.P Act. ?
2. Whether this Commission has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the Op?
4. Whether the complainant is entitled to get any other relief or reliefs as prayed for?

 Decision with reasons

            Issue Nos. 1 and 2 are taken up together for convenience of discussion and to avoid unnecessary repeatations. Nobody pressed these issues. Considering the merits, these issues are disposed of in favour of the complainant.

            Issue Nos. 3 and 4:- These two issues are discussed together.

            It appears from the documentary evidence as filed by the complainant that it is clearly mentioned in the Warranty Terms and Conditions in point No. 7(a) as:

“7. Warranty shall not apply to:

1. Normal ageing, deterioration or rusting of plated parts, paints coat, rubber parts, soft items, glass items, plastic parts etc.”

Therefore, as per the Warranty Terms and Conditions the complainant is not entitled to get any relief or compensation as prayed for.

            The case is properly stamped.

            The points are decided accordingly.

 

 

 

 

                                                             

Hence, it is,

 

O R D E R E D,

                                        that the instant Case No. CC/29/2021 be and same is dismissed without cost.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.