BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.213/15.
Date of instt.: 15.09.2015.
Date of Decision: 08.01.2016.
Ved Parkash S/o Shri Krishan (Whose signatures are appended below) R/o Ward No.25, Jakholi Adda, Jind Road, Kaithal, Tehsil and District Kaithal-136027.
……….Complainant. Versus
1. Hero Moto Corp. Ltd., 34, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057, India CIN:-L35911DL1984PLC017354, Phone No.011-46044100.
2. M.R.Auto Agency, Authorized Dealer for Hero Motor Corp., Opposite Petrol Pump, Kaithal Road, Cheeka-136034, Phone:-01743-223255.
..………OPs.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Sanjeev Kumar, Advocate for complainant.
OPs already exparte.
ORDER
(JAGMAL SINGH, PRESIDENT).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that on 15.06.2015, the complainant purchased a Motor-cycle, Marka Hero Motocorp Ltd., Maker Classification Splendor Ismart, Chassis No.MBLHA12ACE9M10556, Engine No.HA12EME9M10629 bearing registration No.HR08U/9118 for a sum of Rs.53,000/- from Op No.2. It is alleged that on 15.07.2015, the complainant received R.C. of the above-said motor-cycle, then the complainant came to know that the Ops had sold an old motor-cycle, which was manufactured in December, 2014. It is alleged that the complainant approached the Ops several times but the Ops did not redress the grievances of complainant. It is further alleged that the complainant also served legal notice dt. 27.08.2015 upon the Ops but the Ops did not replace the motor-cycle of complainant. This way, the Ops are deficient in service and adopting unfair trade practice. Hence, this complaint is filed.
2. Upon notice, the Ops did not appear and were proceeded against exparte vide order dt. 02.11.2015.
3. The complainant tendered in evidence affidavit, Ex.CW1/A and documents Ex.CW1 to Ex.CW3 and Mark CW4 and closed evidence on 14.12.2015.
4. We have heard the ld. counsel for complainant and perused the case file carefully and minutely.
5. From the facts and circumstances of the case, it is clear that the complainant purchased a Motor Cycle marka Splender Ismart from Op No.2 for sum of Rs.53,000/-, which was manufactured by Op No.1. From the RC, Ex.CW3 as-well-as from the temporary registration certificate, Mark CW4, it is clear that the motor-cycle in question was manufactured in December, 2014. The complainant has purchased the same on 15.06.2015 but the Ops had supplied the motor-cycle in question which was manufactured in December, 2014. No doubt, the motor-cycle was sold as new one but the sold motor-cycle was manufactured in the year 2014 and the same was sold in June, 2015. So, we are of the considered view that the Ops are deficient on their part. Hence, in these circumstances, the ends of justice will be met if the complainant is awarded compensation.
6. In view of above discussion, we partly allow the complaint and direct the Ops to pay Rs.5,000/- as compensation for harassment & mental agony suffered by the complainant and further to pay Rs.1100/- as litigation expenses. Both the Ops are jointly and severally liable. Let the order be complied with within a period of 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. from the date of communication of this order till its payment. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt. 08.01.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.