BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 317 of 2021      

                                                          Date of Institution: 15.11.2021

                                                          Date of Decision:   06.03.2023. 

Rajinder Kumar Middha aged about 54 years son of Sh. Ghumani Ram Middha, R/o Parmarth Colony, Sirsa, Tehsil and District Sirsa.

                                                                   ………Complainant.

                                      Versus

1. Chhabra Enterprises, Begu Road, Sirsa- 125055 (Hry.) through authorized person. (M)- 94673-02500.

2. BOSKY BIKES, 109-110, Aictta Market, Single Cycle Road, Opp. Dhandari Railway Station, Ludhiana- Chandigarh State Hwy, LUDHIANA, Punjab 141014 through MD/ Authorized Person.

                  ……… Opposite parties.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER                  

     SH. OM PARKASH TUTEJA… ……….MEMBER               

Present:         Sh. Amit Goyal, Advocate for complainant.

Opposite parties already exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).

2.       In brief, the case of complainant is that on 25.06.2021 complainant purchased a bicycle brand name BOSKY vide invoice bearing no. CE/2021-22, Sr. No. 174 for a sum of Rs.19,600/- from op no.1. That even after spending huge amount on this bicycle, the chain of the cycle got damaged during riding and complainant also sustained injuries on his person. The gear box of the cycle had also not been working during riding. The complainant approached the op no.1 but he refused to entertain the grievances of the complainant despite the fact that at the time of purchase of cycle, op no.1 assured about best quality of the cycle. However, the quality of the cycle is not as per standard and is below the expectation and same got damaged within a week of its purchase. It is further averred that complainant also approached the op no.2 but to no effect and the act and conduct of the ops clearly amounts to deficiency in service as well as unfair trade practice on the part of ops due to which complainant has suffered harassment and mental agony. That complainant also got issued a legal notice dated 06.08.2021 but of no avail. The complainant is entitled to the amount of Rs.19,600/- alongwith interest and is also entitled to compensation for harassment and litigation expenses.    

3.       On notice, Initially op no.1 appeared and sought adjournments for filing written statement but no written statement was filed despite availing opportunities and ultimately op no.1 opted to be proceeded against exparte. Op no.1 also appeared on behalf of op no.2 but thereafter none also appeared on behalf of op no.2 and op no.2 was also proceeded against exparte.

4.       The complainant has tendered his affidavit Ex. C1 and copies of documents i.e. bill Ex. C2, application Ex. C3, legal notice Ex.C4 and postal receipts Ex.C5 and Ex.C6.

5.       The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. He has also placed on file copy of the bill Ex.C2 from which it is evident that on 25.06.2021 complainant purchased bicycle in question from op no.1 for a sum of Rs.19,600/-. Immediately after purchase of the bicycle in question the same developed defects as its chain was broken and gear box of the cycle was also not working during riding as is evident from the copy of the application Ex.C3 moved to the op no.1 from which it is clearly established that chain of the cycle was broken on 27.06.2021 i.e. just within two days of its purchase. The ops despite appearance have failed to controvert the pleadings of the complainant and ultimately opted to be proceeded against exparte as such the pleadings as well as evidence of complainant remained unchallenged and unrebutted. It is proved on record that despite spending huge amount of Rs.19,600/- on the purchase of the cycle in question the complainant could not use it as it developed above said defects in short period after its purchase and the grievance of the complainant has not been redressed by the ops despite moving of application to them and even after appearance in this Commission. Since the above said defects occurred just within two days of purchase of cycle in question, it appears that said defects occurred due to manufacturing defect in the cycle. The complainant purchased the cycle in question on 25.06.2021 and when his grievance was not redressed by dealer i.e. op no.1 and manufacturer i.e. op no.2 even after serving of legal notice dated 06.08.2021 upon the ops ultimately complainant has to file the present complaint on 15.11.2021. So, in these circumstances, complainant is entitled to refund of the amount of Rs.19,600/- from the ops besides compensation for harassment and litigation expenses. From the record available on file, it is proved that op no.1 has sold defective cycle manufactured by op no.2. Since the cycle in question went out of order within short time of two/ three days of its purchase and despite repeated requests and complaints of complainant op no.1 failed to get removed the defect in the cycle or replaced the same from op no.2 company and op no.1 has got redressed the grievance of the complainant, therefore, both the ops are jointly and severally liable to refund the cost of the cycle in question.    

6.       In view of our above discussion, we allow the present complaint and direct the opposite parties to make refund of the amount of Rs.19,600/- i.e. price of the cycle in question to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said amount of Rs.19,600/- alongwith interest @6% per annum from the date of order till actual payment. We also direct the ops to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant within above stipulated period. Both the ops are jointly and severally liable to comply with this order. The complainant is directed to hand over the cycle in question to op no.1 against receipt within 15 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.    

Announced:                   Member      Member                President,

Dated: 06.03.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK