Delhi

East Delhi

CC/419/2016

AMAR - Complainant(s)

Versus

EICHER MOTORS - Opp.Party(s)

11 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 419/16

 

Shri Imran Khan

S/o Late Shri Ismail Khan

R/o 128-B, Kilokri

Jung Pura, New Delhi – 110 014                                 ….Complainant

 

Vs.    

 

1. Amar Autos

Through its Officer-in-charge

603, Main Road, Kanti Nagar

Swarn Cinema Road, Delhi – 110 051

 

2. Eicher Motors Ltd.

Royal Enfield Motorcycles

Through its Officer-in-charge

7, HSIDC, Old Palm Gurgaon Road

Sector-18, Gurgaon – 122 005, Haryana

 

3. Lamba Enterprises (P) Ltd.

Through its Officer-in-charge

Industrial Area

Tilak Nagar, Delhi – 110 018                                           …Opponents

 

Date of Institution: 11.08.2016

Judgement Reserved on: 11.07.2018

Judgement Passed on: 12.07.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

 

 

JUDGEMENT

            This complaint has been filed by Shri Imran Khan, against Amar Autos, Retailer (OP-1), Eicher Motors Ltd., Manufacturer (OP-2) and Lamba Enterprises (P) Ltd., Service Centre (OP-3) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant purchased a Royal Enfield Classic 350 ASH Motorcycle bearing Registration no. DL14SH8353 on 24.12.2015 from Amar Autos (OP-1) vide receipt no. 010965 by paying a sum of Rs. 1,43,792/-.  The motorcycle was delivered to the complainant on 30.12.2015 vide delivery challan no. 7577 dated 30.12.2015.

            It was stated that the said motorcycle was having manufacturing defect due to which its engine was making awful creaking sound right from day one.  The complainant reported the matter to Amar Autos (OP-1) who sent the complainant to Lamba Enterprises (P) Ltd. (OP-3), the authorized service centre of OP-2.  The complainant handed over the motorcycle to OP-3 on 02.07.2016 and 14.07.2016 and received back on 03.07.2016 and 15.07.2016 respectively, but the problem still persisted. 

            The complainant again took the motorcycle to OP-3 on 25.07.2016 and was assured that they would fix the problem, but they delayed the matter on one pretext or the other by taking lame excuses.  Hence, complainant has prayed for directions to OP to apologize for the inconvenience caused; refund the entire amount paid for the motorcycle or replace the same with a brand new bike; Rs. 1,00,000/- as compensation on account of mental pain and agony and Rs. 20,000/- towards cost of litigation.

            The complainant has annexed copy of RC (Annex. A), copy of retail invoice (Annex. B), copy of cash receipt (Annex. C) and copy of delivery challan (Annex. D) alongwith complaint.

3.         Amar Autos (OP-1) and Eicher Motors Ltd. (OP-2) did not appear inspite of service and Lamba Enterprises (P) Ltd. (OP-3) refused to receive the summon; hence OP-1, OP-2 and OP-3 were proceeded ex-parte.

4.         The complainant has filed evidence by way of affidavit where he has got himself examined.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as copy of RC (Ex.CW-1/1), copy of retail invoice (Ex.CW-1/2), copy of cash receipt (Ex.CW-1/3) and copy of delivery challan dated 30.12.2015 (Ex.CW-1/4), Excel Sheet (Ex.CW-1/5) and emails (Ex.CW-1/6).

5.         We have heard the complainant and have perused the material placed on record.  The complainant has stated that there was sound problem in the motorcycle, but has placed not even a single job sheet / expert opinion to show that there was some manufacturing defect.  Although, he has placed on record the emails exchanged between the Territory Service Manager, which also don’t come to the aid of the complainant.  As, the complainant has failed to prove his allegations of deficiency in services, the present complaint is dismissed being devoid of merits without order to cost.

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President