MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 67/2022 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Ops to provide proper service within stipulated period and make complaints motor cycling in running condition, otherwise Ops be directed to return back his old motor cycle and give a new one in its place and also further direct the Ops to pay sum of Rs. 30,000/- to Complainant for mental agony & harassment.
Brief fact of the case is that complainant purchased one JAWA Dual ABS Moroen bike motorcycle vide Regd. No. OD-02-BH-7548. The Engine No. NAEKL021464 & Chasis No. MZKW1C16LIA23775 are disputed by the Ops and stated that it is not matching with original Number. The date of purchase stated to be 09.01.2022 stated by the Complainant is disputed by the Ops and stated that the vehicle purchased on dt. 08.01.2020, which is confirmed from the job card and extended warranty and it has run 26581 Km. as on 18.10.2022 which appears to be excess running and warranty period has already expired. Complainant has filed the C.C. halfhazardly without giving correct status of the vehicle and claiming compensation for mental agony and harassment.
The vehicle was purchased on dt. 09.01.2020 and warranty period already over and vehicle run over 26581 Kms and there is no specific allegation in the pleading that how deficiency in service committed by the Ops for which we find no merit in the C.C.Case.
However, taking a lenient view we disposing the C.C.Case by directing to Op No.2 to provide one free maintainace/service of the vehicle by not taking any service charge but Complainant shall bear the cost of the spare parts to be used at the time of repairing and OpNo.2 shall give 3 months or 3000kms free service whichever is earlier. The Complainant shall produce the vehicle before the workshop of Op No.2 with a period of 30 days from the date of receipt of this order and Op No.2 shall do the service as directed above.
With the aforesaid observation and direction that, the C.C.Case No. 67/2022 is accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 18th day of October,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
