Kerala

Thiruvananthapuram

CC/180/2020

Syamkumar S - Complainant(s)

Versus

Diya Mobikes Hero Moto Corp - Opp.Party(s)

25 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

                               SRI.P.V.JAYARAJAN              : PRESIDENT

                               SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                : MEMBER

CC .No.180/2020 (Filed on : 24.09.2020)

ORDER: 25.06.2022

COMPLAINANT

          Syam Kumar.S

          Sree Geetham,

          TC.22/737, PLRA F 43/2

          Sasthamangalam.P.O

          Pin code - 695010

           (Party in person)

                                                          VS

OPPOSITE PARTY

          The Manager,

          Diya Mobikes, Hero Moto Corp,

          TC.3/87-4, Unity Towers,

          Thiruvananthapuram – 695004

          (Exparte)

ORDER

SRI. VIJU  V.R. :  MEMBER

The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986, alleging that he had purchased a Hero Glamour Bike on 4/9/2020 from opposite party. But on the 5^th day itself i.e. on 10/9/20 while he was travelling in the bike, it stopped suddenly. The complainant took the vehicle to the service centre. The service personnel told the complainant that due to short circuit in the head light the vehicle stopped and also informed that there was software issue across the country for the new BS6 hero glamour bike. Normally all these aspects will be checked before delivering new vehicle to the customer. The complainant’s vehicle was released after updating the software issue. However, again on 14/9/2020 the same problem recurred. Now the vehicle is with the opposite party. The act of the opposite party amounts to deficiency in service, hence this complaint.

Even though the opposite party received notice, the opposite party did not appear before this commission and opposite party was set exparte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

The complainant had filed affidavit in-lieu of chief examination and has produced five documents which were marked as Ext. P1 to P5. The complainant purchased the vehicle on 4/9/20 and it can be seen from Ext P1 that the complainant has registered a complaint on 15/9/2020 regarding the problems occurred to the vehicle. As per Exts P3 to P5, it can be seen that the complainant had given the vehicle to the opposite party for repair. So it is clear that there are some defects in the newly purchased vehicle.

The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

       In the result, the complaint is partly allowed.  The opposite party is directed to repay Rs 69,496/- with 6 % interest per annum from 4/9/2020 and pay Rs.10,000/- as compensation to the complainant for the mental agony suffered by the complainant and Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which Rs 10,000/- will carry an interest  @ 9% per annum from the date of order till realisation.

 

                     A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                       Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 25^th day of June 2022.

 

                                                                           Sd/-

P.V.JAYARAJAN         : PRESIDENT

 

                                                                                        Sd/-  

  PREETHA .G.NAIR: MEMBER

 

                                                                                           Sd/- 

VIJU.V.R   : MEMBER

 

 

 

 

Be/

APPENDIX

 

CC.NO.180/2020

 

List of witness for the complainant

PW1                               - Syam kumar.S

Exhibits for the complainant

Ext.P1                            - Copy of G-mail dated 15.09.2020

Ext.P2                            - Copy of tax invoice

Ext.P3                            - Copy of SMS of vehicle details

Ext.P4                            - Copy of SMS of vehicle details

Ext.P5                            - Copy of SMS of vehicle details

List of witness for the opposite party  - NIL

Exhibits for the opposite party           - NIL

Court Exhibits                                   - NIL

 

                                                                                                Sd/-

                                                                               PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD

THIRUVANANTHAPURAM

 

CC .No.180/2020

ORDER: 25.06.2022