BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 175/2010 Filed on 14.06.2010

Dated : 28.02.2011

Complainant:

Sulaika, Jassira House, Pozhiyoor, Thiruvananthapuram.

(By adv. K.N. Justin)

Opposite parties :

1. The Manager, Kallingal Bajaj, Ambalathara, Manacaud P.O.

2. Bajaj Company owner, 98, Bajaj Bhavan, Nariman Point, Mumbai-400 021, Maharashtra.

This O.P having been heard on 14.02.2011, the Forum on 28.02.2011 delivered the following :

ORDER

SMT. S.K. SREELA, MEMBER

The facts of the case are as follows: Complainant had purchased one autorikshaw from the 1^st opposite party and the same could not be plied on the road due to defects. That service charge has been levied even for the 5^th free service. Moreover the purchase bill has also not been issued. That their mobile service was also not available when the vehicle became brake down. Hence this complaint for replacement of autorikshaw along with compensation and costs.

Opposite parties 1 & 2 accepted notice issued from the Forum, but never appeared before the Forum nor has filed their version. Hence opposite parties remain ex-parte.

Complainant's husband has filed affidavit and marked Exts. P1 to P10. Complainant has not been cross examined and hence his affidavit stands unchallenged.

The point for consideration is whether the complainant is entitled for any of the reliefs claimed for in the complaint.

The point:- The certificate of registration of the vehicle which has been marked as Ext. P1 reveals that the complainant is the registered owner of Bajaj autorikshaw rear engine bearing Reg. No. KL 19 A 2502. As per Ext. P1, the month and year of manufacture is July 2009 and the date of delivery is 14.08.2009. The value of the vehicle has been mentioned as Rs. 1,07,000/- as per Ext. P2 motor insurance cover note. Ext. P3 is the premium computation table. Ext. P4 & P5 are the certificates issued from the office of the Kerala Legal Metrology Controller. Ext. P6 is the Pollution under control certificate of the complainant's vehicle. Exts. P7 to P9 are the receipts and Ext. P10 is the repayment schedule.

As per the affidavit filed by the complainant's authorization holder, it has been sworn that, there is complaint with the gear box of the vehicle, cone & ball selector and that wheel hub and liner are to be changed and that mileage is also low. Further, it has been sworn that all the above defects are due to manufacturing defect. Despite the said pleading the complainant has not furnished any documents to prove that the vehicle suffered from the above mentioned defects. The opposite parties in spite of acceptance of notice from the Forum never bothered to appear or contest the allegations levelled against them. Opposite parties have not filed their version also. Since the complainant has not been cross examined the affidavit filed stands uncontroverted. In the absence of denial or objection on the part of the opposite parties, we are left with no other option than to allow the complaint. We find that, the complainant is entitled to get his autorickshaw repaired, to the satisfaction of the complainant, by the opposite party within one month from the date of receipt of the order failing which the opposite parties shall replace the vehicle in dispute with a defect free one.

In the result, complaint is allowed. Opposite parties shall repair the vehicle in dispute to the complete satisfaction of the complainant or shall replace the vehicle in dispute with a defect free vehicle within one month from the date of receipt of the order failing which the complainant can initiate execution proceedings. In the facts and circumstances of the case, there is no order as to compensation and costs.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 28^th day of February 2011.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

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C.C. No. 175/2010

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of certificate of registration

P2 - Copy of Motor Insurance cover note.

P3 - Copy of premium computation table.

P4 - Copy of certificate issued from the Office of the Kerala Legal

Metrology Controller.

P5 - Copy of certificate issued from the Office of the Kerala Legal

Metrology Controller.

P6 - Copy of pollution under control certificate.

P7 - Copy of receipts.

P8 - Copy of receipts dated 13.07.2009 & 03.08.2009.

P9 - Copy of receipt dated 10.08.2009.

P10 - Copy of repayment schedule.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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