ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                  JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to exchange the defective motor cycle to the complainant or give compensation of Rs.1,43,900/-”.

            The brief fact of the case is that, the complainant purchase one motor cycle from opposite party No.1 on 29.12.2020. After 3^rd service on 20.9.2021 for the first time on 28.9.2021 the said bike became defunct due to handle jam for which complainant took the bike to the show room of the opposite party No.1 and repair the same but after two months again the Mobil from the engine leakage and the engine sound became high and the complainant again took the bike through auto and the opposite party No.1 again repair the same on 22.11.2021. On 05.6.2022 when the complainant going on the bike, the bike became defunct and the self of bike did not function and after that starting problem of bike continued for which the complainant informed the matter to opposite party No.2 to exchange bike but he advised the complainant to contact with the opposite party No.1 and as per advise of the opposite party No.2, complainant went to the show room of opposite party No.1 and requested him to exchange the bike but the opposite party No.1 refused the same. Since dtd.05.6.2022 the bike is remaining idle in the house of the complainant and neither the opposite party No.1 nor the opposite party No.2 responding to the complainant for which complainant sustaining loss, mental agony.      

            Notice issued to opposite parties asking for reply by Regd. Post on 15.11.2022 but none of the opposite parties appeared and were set ex-parte on 02.01.2023.

            We have heard counsel for the complainant who has only stated that the vehicle was found defective for various reasons but there is not a single complaint, representation or message/Email etc. sent to opposite parties. The opposite parties are equally callous. In spite of the notice of this Commission none appeared and stated anything.

            However, taking into consideration the fact and circumstances of the case we direct the opposite parties to rectify the defect and not to charge any service/maintenance charge and rectify the defect as alleged and to take 75% of the cost of parts which is required for removing the defect as alleged and give one free service after 03 months of repairing. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.