DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO. 196 of 16

                                      DATE OF INSTITUTION: - 06.09.2016

                                               DATE OF ORDER: -10.03.2017

Hanuman Parshad Sharma aged 35 years son of Shri Ramdhari, resident of House No. 947, Sector 13, HUDA, Bhiwani.

           ……………Complainant.

VERSUS

1. M/s Jaya Automobiles, Opp. Mini Zoo, Vidya Nagar, Meham Road, Bhiwani through authorized signatory (Authroized Dealer: Hero Moto Corp Ltd. ).

2. Hero Moto Corpt Ltd., 37 K.M. Stone, Delhi Jaipur Highway, Sector-33, Gurgaon through Managing Director.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President

                       Ms. Anamika Gupta, Member

    Mrs. Sudesh, Member

Present:-      Complainant in person.

   Ops exparte.

ORDER:-

Rajesh Jindal, President:

                Brief facts of the present complaint are that on dated 16.03.2015 the complainant had purchased Motorcycle Hero Splendor chasis no. MBLHA10AMFHB77443, engine no. HA10EJFHB36539 amounting to Rs. 46,300/- from OP no. 1.  It is alleged that the complainant found there was bubbling in the front wheel of the motor cycle and he made complaint on each and every service of the motor cycle but his problem was not resolved by the OP no. 1.  It is alleged that the complainant  also served legal notice dated 26.07.2016 on the Ops.  The complainant further alleged that due to the act and conduct of the OPs he has to suffer mental agony and physical harassment. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.

2.                OPs have failed to come present.  Hence they were proceeded against exparte vide order dated 17.11.2016.

3.                In order to make out his case, the  complainant has tendered into evidence documents Annexure C-1 to Annexure C-10.

4.                The complainant in person reiterated the contents of the complaint. He submitted that he had purchased the motor cycle in question from OP no. 1 vide bill dated 16.03.2015 Annexure C-4.  The complainant found there was bubbling in the front wheel of the motor cycle and he made complaint on each and every service of the motor cycle but his problem was not resolved by the OP no. 1.  He submitted that he also served legal notice dated 26.07.2016 on the Ops.

5.               We have perused the record carefully.  The Ops did not bother to appear and contest the claim of the complainant.  The contention of the complainant goes unrebutted.  Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defect of bubbling in the front wheel of the motor cycle by replacing the front wheel of the motor cycle.  The complainant is directed to approach the Ops within 15 days from the date of passing of this order and after that the Ops are directed to comply with the order immediately. 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: 10.03.2017                         

                                                                               (Rajesh Jindal)

                                                                                    President,    

                                                                        District Consumer Disputes

                                                                        Redressal Forum, Bhiwani.

   (Anamika Gupta)                        (Sudesh)      

          Member                                         Member.