Date of filing : 19-08-2011
Date of order : 29-02-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.212/2011
Dated this, the 29th day of February 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
C.T.Abdul Mansoor, } Complainant
M/s. C.T. M.,
Vidyanagar.Po, Kasaragod.
(In Person)
Manager, Pace Honda, } Opposite party
Adukkathvayal, Kasaragod.Po.
(Adv.Madhavan Malankad, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
This complaint is filed alleging deficiency of service on the part of opposite party in not providing battery at the time of purchase of a Twister Bike. Eventhough the complainant approached opposite party many times demanding battery, opposite party was not ready to comply the demands of the complainant even after getting lawyer notice from him. Hence the complaint.
2. According to opposite party the complainant raised the problem of battery of his bike for the first time by sending a lawyer notice to opposite party. After receipt of the lawyer notice opposite party contacted the complainant personally and asked him to bring the vehicle to the dealer. He has brought the vehicle on 31-05-2011 and battery was replaced on that day itself. Filing of the complaint after more than 2 months of replacing of the battery is ill motivated.
3. Complainant filed affidavit in lieu of Chief Examination. Exts A1, A2 and B1 marked. Complainant faced cross-examination by the counsel of opposite party. Opposite party examined as DW1. Ext.B2 marked both sides heard and documents perused.
4. The brief facts of the case is that the complainant purchased a Twister Bike from opposite party on 23-04-2011. The allegation of the complainant is that the vehicle was delivered without battery and the complainant approached opposite party many times for the battery. Thereafter an old battery was supplied. Moreover opposite party collected service charges for replacement of the part of the bike. Complainant sent lawyer notice to the opposite party demanding battery. After receipt of the lawyer notice opposite party personally contacted the complainant to bring the vehicle and the battery was replaced on that day itself. The complainant was expressed his satisfaction and signed the Job card. Ext.B1.
5. After perusing Ext.B1 Job card we are of the view that the battery was replaced on 31-01-2011 and it is signed by the complainant also. The complaint is seen filed on 16-08-2011, after 8 months from the date of replacement of battery. There is no materials on record to prove deficiency of service on the part of opposite party as alleged by the complainant. The complainant is not approached the Forum with clean hands.
In the result, complaint is dismissed with no order as to costs.
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MEMBER MEMBER PRESIDENT
Exts.
A1. 27-05-2011 Copy of lawyer notice.
A2.Invoice.
B1.Photocopy of Job Card.
B2. 31-05-2011 copy of letter.
PW1. CT.Abdul Mansoor
DW1. Lovely.M.V.
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MEMBER MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
