PRESENT

                   Complainant in person  present.   

                   Oppoent  No. 2 Absent.               

                                       ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President)

1. The complainant kadir mohammad khan filed complaint on 21.06.2012. The complaint was admitted on 26.06.2012 against opponent no. 1 Honda motor cycle and opponent no. 2 anuj singh G. M. Venetian Honda.
2. The complainant failed to take steps for service of notice to opponent no. 1 during June 2012 to sep. 2016. We deleted the name of opponent no. 1, as notice was not served.
3. The opponent no. 2 appeared and filed written statement. Complainant filed written statement and failed to file affidavit of evidence and written notes of argument.
4. The complaint was filed for claiming delivery of vehicle two wheeler. The possession was given to complainant as noted in rojnama dated 24.06.2013.
5. The complainant booked Honda Activa by paying money to opponent no. 2.  The cost of two wheeler  was Rs. 57,000/-( Fifty seven thousand ).
6.  The complainant paid Rs. 20,955/-( Twenty thousand nine hundred fifty five ) on 25.05.2012. the complainant prayed for refund of the amount of Rs. 1000/- paid at the time of booking + 20955/- paid on 25.05.2012 +300 paid for smart card at the time of loan.
7. The opponent no. 2 filed written statement on 15.03.2013 and denied the claim. It is admitted fact that complainant paid Rs. 1000/- at the time of booking and Rs. 20955/- on 25.05.2012. The opponent no. 2 alleged that amount of Rs. 36136/- was paid by cheque no. 874486.
8. The opponent no. 2 stated that, opponent was ready to deliver active  on 04.06.2012 but complainant raised issue of color of scooter.
9. The complainant made a grievance about deficiency in service as colour of scooter was different than assured at the time of booking of vehicle.
10. We have perused all the documents filed on record. The opponent no. 2 failed to file affidavit of evidence though sufficient time was given from time to time for the same.
11. The complainant was entitle to receive a scooter of black colour as noted at the time of booking. The opponent failed to do so and complainant was required to take Activa  of red colour.
12. The complainant was entitled to get delivery on 04.06.2012, however the delivery was delayed. The delivery is made after 15^th March 2013 as stated in the rojnama dated 15.03.2013. The possession of Activa  was  given prior to June 2013.
13. The facts and circumstances on record show that complainant was not been given proper service as per agreement. There was delay in delivery of vehicle, due to deficiency in service on the part of opponent no. 2.
14. The complainant is entitle for reasonable compensation for deficiency in service by opponent no. 2. We quantify the amount of compensation for Rs. 7,500/-( Seven thousand five hundred ).
15. The complainant was required to attend forum as he is now settled at Hyderabad. He filed on record bills of traveling. He is entitle for cost of Rs. 7500/-.

16.      In the result, we pass the following order.

                                              ORDER

1.      RBT Complaint No.264/2012 is partly allowed.

2.      The opponent no. 2 is directed to pay Rs. 7,500/-( Seven thousand five hundred) as compensation for delay in delivery and

         Rs. 7,500/- /-( Seven thousand five hundred) as cost to complainant.

3.      Copy of this order be sent to both parties.