Order by:
Sh.Amrinder Singh Sidhu, President
1. The complainant has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that he purchased motor cycle bearing RC No.PB-29AD-2163 worth Rs.1,07,750/- vide bill dated 3rd August, 2020 from the Opposite Party and at that time, the Opposite Party gave guarantee of the said vehicle for two years against any manufacturing defect. But since the date of its purchase, said vehicle is not working properly as there is some manufacturing defect. The complainant approached the Opposite Party and requested to replace the same as there is some technical defect in the motor cycle in question, but to no affect. In this way, said conduct of the Opposite Party clearly amounts to deficiency in service and as such, the Complainant is left with no other alternative but to file the present complaint. Vide instant complaint, the complainant has sought the following reliefs.
- The Opposite Party may be directed to replace the motor cycle in question or to refund the amount of Rs.1,07,750/- and also to pay Rs.20,000/- on account of compensation for causing him mental tension and harassment.
2. Opposite Party appeared through counsel and contested the complaint by filing the written version on the ground inter alia that the complaint is not maintainable; that there is no deficiency in service on the part of the Opposite Party and that the complaint is absolutely false and frivolous. It is submitted the present complaint is bad for non joinder of necessary party. Opposite Party is selling the new motor cycle of Hero Company and also giving services of repairing, washing and all types of other related services to his customers, but the complainant has not arrayed the Hero MotoCorp Limited i.e. the main company in the present complaint. Moreover, the complainant has failed to prove his claim of manufacturing defect by cogent, credible and adequate evidence supported by the opinion of expert report from any appropriate laboratory or organisation established by or under any law. Moreover, whenever the complainant visited the workshop of the Opposite Party, the best services were provided to the complainant every time and after being satisfied the motor cycle was delivered to him. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint was made.
3. In order to prove his case, the complainant has tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C7 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, Opposite Party tendered into evidence affidavit of Sh.Davinder Singh, Ex.OP1/A alongwith copies of documents Ex.OP1 to Ex.OP4 and closed the evidence.
5. We have heard the ld.counsel for the parties and gone through the documents placed on record.
6. We have perused the rival contentions of the parties. The case of the complainant is that he purchased motor cycle bearing RC No.PB-29AD-2163 worth Rs.1,07,750/- vide bill dated 3rd August, 2020 from the Opposite Party and at that time, the Opposite Party gave guarantee of the said vehicle for two years against any manufacturing defect. But since the date of its purchase, said vehicle is not working properly as there is some manufacturing defect. The complainant approached the Opposite Party and requested to replace the same as there is some technical defect in the motor cycle in question, but to no affect. In this way, said conduct of the Opposite Party clearly amounts to deficiency in service.
7. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contents of the complainant on the ground that first of all, the present complaint is bad for non joinder of necessary party. Opposite Party is selling the new motor cycle of Hero Company and also giving services of repairing, washing and all types of other related services to his customers, but the complainant has not arrayed the Hero MotoCorp Limited i.e. the main company in the present complaint. Moreover, the complainant has failed to prove his claim of manufacturing defect by cogent, credible and adequate evidence supported by the opinion of expert report from any appropriate laboratory or organisation established by or under any law. Moreover, whenever the complainant visited the workshop of the Opposite Party, the best services were provided to the complainant every time and after being satisfied the motor cycle was delivered to him. Perusal of the record shows that not even a single document or job sheet has been placed on record by the complainant to prove that the vehicle in question is having manufacturing defect. Moreover, the complainant has failed to produce on record any report of some expert of the field to prove that the vehicle in question is having inherent manufacturing defect. In the absence of any such report of some expert, Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as Sukhvinder Singh Vs. Classic Automobile & Anr. decided on 6 November, 2012 has held that the report of expert is essential or some other evidence showing manufacturing defect should have been adduced. The mere fact that the vehicle was taken to the service station for one or two times does not ipso fact prove the manufacturing defect. Due to lack of evidence, the value of the petitioners case evanesces.” Not only this, on the same line, Hon’ble National Commission, New Delhi in case titled as Maruti Udyog Limited vs Hasmukh Lakshmichand decided on 26 May, 2009 also held so. Hence, we hold that the complainant has failed to prove any manufacturing defect in the vehicle in question.
8. In view of the aforesaid facts and circumstances of the case, we found no deficiency in service on the part of the Opposite Party and hence, the instant complaint stands dismissed. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost. File be consigned to record room after compliance.
Announced in Open Commission.
Dated:11.05.2022.
