Punjab

Sangrur

EA/161/2017

Sourav Mittal - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

Sh.Neeraj Kalra

07 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

               

                                               

                                                EA  No.             161

                                                Instituted on:      27.11.2017

                                                Decided on:       07.03.2018

 

 

Sourav Mittal son of Shri Vijay Kumar Mittal, resident of Near Santoshi Mata Mandir, Sangrur.

                                                        …Complainant.

                                Versus

1.             Goverdhan Automobile, Authorised Dealer, India Yamaha Motor Pvt. Ltd. Opp. Verka Milk Plant, Patiala Road, Sangrur.

2.             India Yamaha Motor Pvt. Ltd. A-3, Surajur Industrial Area, Noida Dadri Road, Surajpur. 

                                                        …Opposite parties

 

For the complainant    :       Shri Neeraj Kalra, Advocate.

For OP/JD No.1         :       Shri S.P.Sharma, Advocate.

For OP/JD No.2         :       Shri Udit Goyal, Advocate.

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg,   Member

                Vinod Kumar Gulati, Member

 

 

Order by : Sukhpal Singh Gill, President:

 

1                      Shri Sourav Mittal, complainant/DH (referred to as complainant in short) had earlier filed a complaint number 229 dated 23.05.2017, which was decided by this Forum on 18.9.2017, whereby this Forum directed the Ops to conduct the complete repairs of the fuel indication system or to replace the complete fuel system with a new one within a period of one month from the receipt of copy of this order, failing which the OPs shall be liable to replace the motorcycle in question with a new one. The OP number 1 was also directed to write a letter to the complainant to call for the motorcycle in question for repairs of the fuel indication system/replace of the fuel indication system and thereafter the complainant shall hand over the motorcycle in question for repairs/replacement of the fuel indication system to the OP number 1.  The Ops were further directed to pay to the complainant an amount of Rs.5000/- being the consolidated cost of compensation and litigation expenses and to comply this order within a period of thirty days of its communication. 

 

2.             The case of the complainant is that the JDs have already complied with the order by paying the amount of Rs.5000/- and has further replaced the fuel indication system of the motorcycle on 16.10.2017.  Further case of the complainant is that despite replacement of the fuel indication system, the problem still is same in the motorcycle. Thus, the complainant has filed the present execution application for attachment of the properties of the OPs and further to replace the motorcycle in question.

 

3.             In reply to the execution application filed by the JDs, the JDs have denied all the submissions, averments and allegations raised in the execution petition and has stated further that in view of the judgement dated 18.9.2017,  the complete fuel indication system of the motorcycle has already been replaced with a new one and further the amount of Rs.5000/- has already been paid and nothing remains to be done on the part of the OP/JDs. It is further stated that during the examination of the motorcycle in presence of the complainant and service engineers of the JDs, the OP/JDs replaced the complete fuel pump and meter assembly of the motorcycle vide job card number 1220 dated 16.10.2017 and after being completely satisfied with the  performance of the fuel indication system requested the complainant to take the delivery of the motorcycle and the complainant took the delivery after test drive twice for total 11 KMs. The other allegations levelled in the execution application have been denied in toto.

 

4.             We have carefully perused the execution application as well as reply to the application and heard the arguments of the learned counsel for the parties. In our opinion, the execution application merits dismissal, for these reasons.

 

5.             It is an admitted fact between the parties that the OP/JDs have already paid to the complainant/DH an amount of Rs.5000/- as directed by this Forum in its order dated 18.09.2017 and has further replaced the fuel indication system and meter assembly of the motorcycle in question. But, the complainant has again filed the execution application before this Forum.  Since the OP/JDs have already complied with the orders dated 18.09.2017 passed by this Forum as is evident from the copy of job order dated 16.10.2017 on record produced by the OP/JD, which is duly signed by the complainant himself in his satisfaction,  we feel that no action is required at this stage as the OP/JDs have complied with the order in full spirit as ordered by this Forum vide its orders dated 18.09.2017.    As such, we feel that the complainant/DH has miserably failed to establish his case by producing cogent, reliable and trustworthy evidence on record to show that the OP/JDs have not complied with the orders of this Forum.  Accordingly, we are of the considered opinion that the execution application of the complainant/DH deserves dismissal. 

 

6.             Accordingly, we dismiss the execution application of the complainant/DH. However, no order as to costs.  A copy of this order be issued to the parties free of cost. File be consigned to records.

 

                Pronounced.

                March 7, 2018.

 

                                                        (Sukhpal Singh Gill)

                                                                President

                                                                               

                                                                                       

                                                                (Sarita Garg)

                                                                   Member

 

 

 

                                                          (Vinod Kumar Gulati)

                                                                     Member