Orissa

Cuttak

CC/78/2022

Asim Amitav Pattanaik - Complainant(s)

Versus

Classic Legend Pvt Ltd - Opp.Party(s)

S A Pattanik & associates

30 Sep 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.78/2022

Asim Amitav Pattnaik,

S/o:Kishore Chandra Pattnaik,

At/Po-Ghodansha,PS-Nuagaon,

Dist-Jagatsinghpur,

Presently  residing At-Kumbhara Sahi,

PO/Ps-Bidanasi,Town/Dist:Cuttack.                                  ... Complainant.

        

                                                Vrs.

1. The Manager,

Classic Legends Pvt Ltd.

1^st Floor,DI Block,Plot No 18/2,

MIDC,Chinchwad,Pune-411019,

Maharastra.

 

2. The Dealer-cum-Servicing Center,

Jawa Super Sales Motors Pvt Ltd,

Plot No 168/169A,Bapuji Nagar,In front of

Axis Bank Circle Office, Bhubaneswar,

Khurda-751009.                                                 ...Opp. Party.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:   25.04.2022

Date of Order:  30.09.2022

 

For the complainant:            Mr. S.A.Pattanik, Adv. & Associates.

For the O.Ps.               :          None.

 

Sri Debasish Nayak,President.             

                       

            Case of the complainant as made out from the complaint petition in short is that he had purchased a Jawa motorcycle from the showroom of O.P No.2 on 30.7.20 bearing Regd. OD-02-BL-7543 with Engine no.NBE-LG002385.  The said vehicle had some engine problem which was noticed within the warranty period of the said vehicle but could not be rectified even after repeated efforts by the servicing personnel of the O.Ps.  Thus, ultimately the complainant being dissatisfied, has filed this case claiming a sum of Rs.3,00,000/- towards the cost of his vehicle and a sum of Rs.3,00,000/- towards his mental harassment alongwith interest thereon together with litigation expenses as incurred by him. He has further claimed for any other reliefs as deemed fit and proper.

            The complainant has filed copies of several documents in order to prove his case.

2.         Having not contested this case, both the O.Ps are set exparte vide order dt.11.7.22.

            The points for determination in this case are as follows:

1. Whether the case of the complainant is maintainable?
2. Whether there was deficiency in service on the part of the O.Ps?
3. Whether the complainant is entitled to the reliefs as claimed?

3.         From the unchallenged and unshattered averments of the complaint petition  alogwith supportive copies of documents, it is noticed that infact the complainant had purchased a Jawa motorcycle which had engine trouble and the same could not be rectified by the servicing personnels of the O.Ps for which the complainant was forced to file this case which is ofcourse maintainable and when the said defect was not repaired, there was deficiency in service and thus, the complainant is entitled to the reliefs to a reasonable extent.  Hence it is so ordered;

                                                        ORDER

            The case is allowed exparte against the O.Ps.  The O.Ps are found to be jointly and severally liable here in this case. The O.Ps are thus directed to repair the said Jawa motorcycle as purchased by the complainant, within a month hence without charging anything from the complainant or in the alternative, the O.Ps are to return the cost of the motorcycle i.e., Rs.1,85,106/-  to the complainant alongwith interest thereon @ 9% per annum with effect from 30.7.2020 i.e, from the date of purchase of the said motorcycle till the total amount is quantified.  The O.Ps are further directed to pay compensation of Rs.50,000/- to the complainant alongwith a sum of Rs.10,000/- towards his litigation cost. This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 30^th day of   September,2022 under the seal and signature of this Commission.              

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                      Sri Sibananda Mohanty

                                                                                                                                Member