ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Ms. Nipur Chandna, Member

          Complainant purchased motorcycle make Royal Enfield Model Bullet Electra 3350 UCE ES M Black from OP No. 1 and paid a sum of Rs.1,10,053/- vide invoice dated 23.5.2014.  It is alleged by the complainant that from day one, the aforesaid motorcycle was having defect in its engine.  The Complainant had noticed the following problems in the motor cycle.

1. Break shoe spring
2. Rear break shoe problem
3. Oil filter problems
4. chain during
5. Drying of Engine/Leakage of Engine oil
6. Clutch cable

     It is alleged by the complainant that he approached OP No. 2 for the removal of defect in Motorcycle but of no use.  The complainant therefore approached this Forum for the redressal of his grievance.

     Notice of the complaint were sent to OPs.  Counsel for the OP appeared and collected the copy of complaint.  On the next date of hearing Authorised Representative of OP appeared and stated that there was a sound in the engine and it will take up the matter for replacement of the engine with the OP , and undertook to file W.S. on next date of hearing.  Despite several opportunities no reply has been filed by the OP .  The OP had chosen not to contest and has been ordered to be proceeded with exparte.

     In his exparte evidence the complainant has filed his own affidavit dated 21.4.2015 wherein he has corroborated the content of complaint.

          We have heard argument advanced at bar and have perused the record.

     The complainant has placed on record the copy of invoice dated 23.5.2014.  He has also placed on record copies of job sheets, and e-mail dated 18.8.2014.

          The bare perusal of the copy of job sheets reveals the truthfulness of the story of the complainant, moreover, A.R. appearing on behalf the OP had also admitted that there was a sound in the engine and had undertaken to take up the matter for replacement of engine with the OP.  But, no steps were taken by the OP to resolve the issue.

     From the un-rebutted testimony of the complainant as well as the documents placed on record.  We are convinced that story put forth by the complainant is true.  The motorcycle sold away to the complainant was defective from the very beginning and the no service was provided to resume the defect in the same.  We therefore, hold OP – 1 guilty of deficiency in service and direct it as under:-

1. To refund to the complainant a sum of Rs.1,10,053/- (Rupees One Lac Ten Thousand Fifty Three only)  cost of bike
2. Pay to the complainant a sum of Rs.10,000/- (Rupees Ten Thousand Only) as compensation for mental pain and suffering which include cost of litigation
3. Take back the bike from the complainant after making the aforesaid payment.

      The OP – 1 shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.

File be consigned to record room.

      Announced in open sitting of the Forum on.....................