DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                                      C.C.NO. 30 OF 2013

Present:      Rabindranath Mishra                 - President.

                    Miss Sudhira Laxmi Pattanaik  - Member.

Pranaranjan Nayak,

Aged about 30 years

Son of Saheba Nayak At- Gundripadi,

P.O/P.S: G. Udayagiri, Dist: kandhamal                          ……………..  Complainant.

                    Versus.

1. Mohavir Motors,

    Bandha Sahi, G. Udayagiri Dist; kandhamal.

2. Regional Office,

    Hero Moto Corp. Limited,

    A/69 Mallick Commercial Complex,

    1^st Floor, (near Shriya Takies)

    Kharbela Nagar, Bhubaneswar – 75100.

3. Zonal Office,

    Hero Moto Corp. Limited,

    3F, Neelambar Building,

    28-B Shakespear Sarani,

    Calcutta- 700017.

4. Registered Office,

    Hero Moto Corp. Limited,

    34, Community Center, Vansanta Vihar,

    New Delhi, 110056.                                                    ………………….  Opp. Parties.

For the Complainant:  Sri R K Pradhan, Advocate, Phulbani 

For the Opp. Parties:  Sri Susil Kumar Tripathy, Advocate, Berhampur.

Date of Order 30-06-2015

                                                                                                                 O R D E R

                                         The case of the Complainant in brief is that on 29-08-2011 he has purchased a Glamor Motor cycle bearing Engine No. JA06BFBGH10E58 and Chasis No. BMIJA06E1SBGH10049 from the show room of O.P no.1. The warranty period of the said vehicle was 3 years or 40,000 K.Ms from the date of purchase whichever is earlier. The purchase price of the vehicle was Rs. 51,927/-. The said motorcycle was registered vide registration No. OR-12-B/3922. After some days the

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Complainant detected some defects as the engine was hitted and the smoke was come out through silencer pipe and there was no pick up and mileage. On approach the O.P No.1, he referred to Laxmi motors, Berhampur who repaired the vehicle. After some days the same defects were detected, hence the Complainant intimated the fact to the O.P No.2, 3 & 4 and requested them to replace the motor cycle .Subsequently he approached the O.P No.2 several times but no action was taken . Hence, on 27-07-2012 pleader notice was sent to the Opposite party No. 1, 2 & 3 by the Advocate of the Complainant.

                                     As the problem of the Complainant was not solved by the Opposite parties he has filed this complaint with a prayer to direct the Opposite parties to change the engine of the vehicle and to grant compensation of Rs. 25,000/- for mental agony and harassment and to award Rs. 5000/- towards litigation cost .

                                    All the Opposite parties were set exparte as they had failed to file their version in spite of getting notice in this case. The Complainant has filed an affidavit in support of his case and duly examined. He has filed some documents which are marked Exhibit -1 to Exhibit -8 during his examination.  

                                   We have heard the complainant and the learned counsel appearing on behalf of him. We have gone through the complaint petition, the affidavit filed by the Complainant and documents marked Exhibits by him. It transpires from the evidence as well as from the documents of the Complainant that the opposite parties have clear knowledge regarding the defect of the alleged motor cycle .From Exhibit- 8, it is seen that O.P No.1 gave assurance to take necessary steps in this regard but failed. The opposite parties No.2, 3 & 4 were also silent without taking any effective steps to repair the vehicle or to substitute the same. This amounts deficiency in service on the part of O.Ps for non rectification of the defects of the vehicle with full knowledge. No version was filed by them to counter the allegation of the Complainant. Hence, the complaint filed by the Complainant is allowed exparte against all the opposite parties.

                                  The Opposite parties are jointly and severally directed to take immediate steps to change the engine of the Glamor Motor cycle of the Complainant vide Engine No. JA06BFBGH10E58 and Chasis No. BMIJA06E1SBGH10049 and to pay Rs. 5,000/- towards compensation and Rs. 2,000/-towards cost of litigation to the Complainant within 30 days from the receipt of this order. In case of failure the Complainant shall be entitled to get Rs. 25,000/- from the Opposite parties along with compensation and litigation cost awarded above in favor of the Complainant.

                                    The C.C is disposed of with the above direction.

                                    Supply free copies of this order to both the parties at an early date.

                                                                              MEMBER                                 PRESIDENT