BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint Case No. :169 of 2018
Date of Institution : 14.12.2018
Date of Decision : 24.09.2019
Rajender Singh aged 44 years son of Shri Ishwar Singh resident of House No.2511, Near Shiv Mandir Kharak Kalan, Tehsil & District Bhiwani.
……Complainant.
Versus
- Jai Automobiles in front of Small Zoo, Vidya Nagar, Meham Road, Bhiwani.
- Hero Motocorp Limited Plot no.F-126 Katwaria Sarai, Kutub Industrial Area New Delhi-110016 through Managing Director.
……Opposite Parties.
Complaint Under Section 12 of the Consumer Protection Act.
BEFORE: Sh. Nagender Singh, President.
Sh. Shriniwas Khundia, Member.
Present: Sh.Balbir Singh Tanwar, Advocate for complainant.
Opposite parties exparte.
ORDER
PER NAGENDER SINGH, PRESIDENT
Brief facts of the present complaint are that the complainant has purchased motor cycle Splendor bearing Chasis No.MBLHAR086JHB21874 Engine No.HA10AGJHBB3787 and registration No.HR-16-U/0158 from Op No. 1. The motor cycle was giving problem from the first day of its purchase; therefore, the complainant brought the same to Op No.1 on 11.04.2018. The OP No.1 after doing minor repair, charged Rs.355/- from complainant, but it again went out of order; hence, the same was again brought to Op no.1, which replaced the wheel of the same by charging Rs.2531/- from the complainant. The motor cycle again went out of order; therefore, the complainant brought the same to the Op no.1 after loading it into a tempo. The Op No.l had charged Rs.271/- on account of repairing of the same. The complainant got the motor cycle repaired time and again but it again started giving problem and the Op no.1 had further charged Rs.2038/- from the complainant on 18.09.2018. Till today, the motor cycle is not working properly but the Opposite parties have refused to do the needful. The motor cycle in question is having manufacturing defect and the Opposite parties have failed to redress the grievance of the complainant and this amounts to deficiency in service and unfair trade practice on the part of Opposite parties. Hence, this complaint. The complainant in evidence has tendered affidavit Ex.CW1/A and documents Annexure C1 to Annexure C12.
2. Notice sent to the Opposite parties through registered post but despite that none had appeared on behalf of the Opposite parties, therefore, the Opposite parties were proceeded against exparte vide order dated 08.04.2019.
3. Arguments advanced by learned counsel for the complainant have been heard and the case file has been perused carefully.
4. In order to prove his version the complainant has tendered his duly sworn affidavit Ex.CWA/1 on the case file besides producing documents Annexure C1 to Annexure C12. The complainant has purchased the motor cycle in question from OP No.1 on 17.03.2018 as is evident through Annexure C2. Perusal of the case file reveals that the complainant got regular service/routine service done from the service centre of the Opposite parties on 11.04.2018, 31.05.2018 and 21.08.2018 when the vehicle had run 671 KM, 2394, KM and 4815 KMs. The complainant has come with the plea that the vehicle was not giving satisfactory performance, therefore, he had to visit the service centre time and again for getting the needful done. In support of this argument, learned counsel for the complainant drew the attention of this Forum towards documents Annexure C3 to Annexure C6. Perusal of these documents reveals that number of items/articles such as Rings, Gasket Cover, Piston, Cylinder etc. were replaced on 07.05.2018, 31.05.2018 and 18.09.2018 despite the fact that the vehicle had run only 5214 KMs, therefore, it must be borne in mind that this must have caused harassment, mental agony, anger, anguish, frustration and sadness to the complainant because in this way or that way his grievance could not be removed even after paying cost for repairing the vehicle during the warranty period. The documents Annexure C2 to Annexure C6 reveal that he had to take several rounds to the workshop/ service stations and this certainly tantamounts to harassment and mental agony because and when he did not get any relief then he approached to this Forum. It is further observed that the Consumer Protection Act, 1986 is a benevolent social legislation as held by the Hon’ble Apex Court in their judgements from time to time and is aimed at providing for better protection of the interests of the consumers as defined in the preamble to the Act itself. More-so, the pleadings and contentions put forth by the complainant remained unrebutted as the opposite parties are exparte. So, we have no other option but to believe the version of the complainant. From the contents of the complaint, it is proved that complainant has been harassed by the opposite parties. Accordingly, we allow the present complaint with a direction to the Opposite parties to replace the motor cycle of the complainant with new one with a direction to the complainant to handover the old motor cycle alongwith its requisite papers such as registration certificate/insurance etc. to the Opposite parties. The complainant is also directed to provide all the requisite further documents to get the old motor cycle transferred in the name of any person of the choice of Opposite parties, if any. The Opposite parties are further directed to pay Rs. 5,000/- as compensation on account of harassment and litigation expenses. However, it is made clear that the expenses for the insurance as well as registration certification of the new motor cycle would be borne by the complainant. Compliance of this order be made within a period of 30 days from the date of receipt of the copy of this order. Copies of this order be sent to the parties concerned, free of costs. File be consigned to the record room after due compliance.
Announced in open Forum.
Dated: 24.09.2019.
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Forum, Bhiwani.
Present : Sh.Balbir Singh Tanwar, Advocate for complainant.
Opposite parties exparte.
Arguments heard. Vide separate detailed order of even date, the present complaint is allowed. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.
Dated: 24.09.2019 Member President DCDRF, Bhiwani DCDRF, Bhiwani
