Complainant  Anil Kumar filed this case with a claim for change of Motor Cycle and compensation of Rs. 1,00,000/- and litigation cost of Rs. 10,000/-.

2          The case of the complainant in brief is that he purchased a Honda Motor Cycle C.B. Shine on 21.02.2014 having Engine No. JC 36E 73286038 and Chassis No. ME 4JC 36 KBE 7391220 from O.P. Premsons Diversy Pvt. Ltd. Since the purchased of the motorcycle, it developed problem with its chain and complainant regularly complained about the same in the service centre of the show room. On free service and other visit to the service centre, the chain defects was temporarily removed but the problem existed and complainant was not satisfied with the service provided to the complainant. Even on 15.11.2014 back tyre was changed  but sound   emitting  from the motor cycle was such which reflected like old motor cycle and service centre failed to adjust the change in the last. This is unfair trade practice and deficiency in service, hence this case.

3          Complainant filed following Anxs-

Anx-1 Copy of the retail receipt of the motor cycle.

Anx-2  Copy of the receipt of accessories.

Anx-3 Copy of the receipt for insurance, extendant warranty

Anx-4 Copy of the cash receipt.

Anx-5 Copy of the cash receipt in advance.

Anx-6 Copy of the receipt of tyre.

Anx-7 Copy of the legal notice for change of motor cycle.

Anx-8 Copy of the petition dt. 22.07.2016  informing change of motor cycle.

Anx-9 Copy of sale of motor cycle to O.P.

Anx-10 Copy of receipt of new motor cycle.

4          O.P. Persons Honda Pvt. Ltd. appeared and filed W.S. It is admitted, the motor cycle C.D. Shine was sold to the complainant and gave the services as required. Therefore, there is no deficiency in service and no unfair trade practice. Hence the complaint is liable to be dismissed. The O.P. has also filed Anx-A to A/11. Copies of job cards of the service centre.

F I N D I N G S

5          We perused the record. We hold that complainant is a consumer and dispute is a consumer dispute.

6          During the pendency, the alleged purchased motorcycle was changed by the O.P. Hence main claim of the complainant has been compiled by the O.P. Anx-8, a petition by the complainant is admitting the same.

            Now, the case is pending for compensation and litigation cost.

7          We perused the Anxs A to A/11 filed by the O.P. It reveals, the O.P. always gave service to the complainant whenever he visited the service centre and the main defect for adjustment was done on each time. The service centre advised the complainant to change the chain but complainant was never agreed. Anx-A/7,A/9 and A/11 are suggestive to show that complainant was adamant not to change of chain and unless the motor cycle was replaced by new Motor Cycle, which was the main claim. However, we hold that some sort of harassment the complainant had met for which O.P. has to compensate.

8          Therefore, we direct the O.P. to pay Rs. 2,000/- (Rs. Two thousand) only as compensation for mental agony and harassment and Rs. 1000/- (Rs. One thousand) only for litigation cost. The amount must be paid with   60   days from passing of this order.