DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.326 of 15
DATE OF INSTITUTION: - 24.11.2015
DATE OF ORDER: -11.05.2016
Bijender aged 54 years son of Shri Shiv Lal, resident of House No. 963 Court Road, Near DAV School, Bhiwani.
……………Complainant.
VERSUS
- Honda Cars India Ltd. Regd. Office 409, Tower B, DLF Commercial Complex, Jasola, New Delhi through its General Manager/Director.
- Merit Honda M/s SPL Motors (P) Ltd. Showroom & Workshop opposite Hyundai Showroom, Rohtak Road, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
Ops are exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that on 12.03.2015 complainant had purchased Honda Amaze Car bearing registration No. HR61C/7209 vide engine No. NI5A13006298 and chasis No. MAKDF25EBFN100327. It is alleged that there is noise in the rear side of the car and there is excess consumption of Mobil oil in the car. He submitted that the said defect are occurred in the car within the warranty period. Thereafter the complainant contacted to OP no. 2 and requested to rectify the problems of car but to no avail. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation.
2. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 25.01.2016.
3. In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-10 alongwith affidavit Mark A.
4. The complainant in person reiterated the contents of the complaint. In support of his contention he referred the manual service repair form Annexure C-6, Annexure C-7 & Annexure C-8. He submitted that there is noise in the rear side of the car and there is excess consumption of Mobil oil in the car. He submitted that the said defect are occurred in the car within the warranty period.
5. The Ops did not bother to appear and contest the claim of the complainant. In the absence of any material contrary to the contention of the complainant, we hold that there is deficiency in service on the part of Ops. Therefore, the complaint of the complainant succeeds partly. We direct the Ops to rectify the said defects in the car of the complainant. The complainant is directed to take his car to the workshop of the Ops within 7 days from the date of passing of this order. No order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 11.05.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.