Punjab

Fatehgarh Sahib

CC/57/2021

Kishor Kumar - Complainant(s)

Versus

Manglam Motorbike Pvt Ltd - Opp.Party(s)

In Person

18 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                             COMMISSION

                      FATEHGARH SAHIB

 

Complaint No.	:	CC/57/2021
Date of Institution	:	11/05/2021
Date of Decision	:	18.05.2023

 

Kishor Kumar aged about 58 years son of Late Sh. Jagdish Chand, resident of House no.169, Mohalla Guru Nanak Pura , Ward no.7, Bassi Pathana , Tehsil Bassi Pathana , Distt. Fatehgarh Sahib.

                                                                                                     …………....Complainant

                                        Versus

 

Manglam motobike Pvt. Ltd; near Todar Mal Gate , Sirhind ,  Tehsil and Distt. Fatehgarh Sahib through its authorized Person.            

                                                        ..………....... Opposite Party

Complaint under Consumer Protection Act amended upto date

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

 

Present:    None for the complainant.

                  Sh.Vinay Sood, counsel for OP.

 

 The  complaint has been filed against the OP (opposite parties) , Under Consumer Protection Act 2019 amended  upto date alleging deficiency in service with the prayer for giving direction to the OP  to  change the main part of the Activa 125 , to pay  Rs.50,000/-  as compensation for harassment to complainant.

1. The  brief facts of the complaint are that the complainant is owner of  Activa Vehicle bearing its registration no.PB-52B-5714 , Chasis no.006643 , Engine No.4008902 . It got damaged in an  accident on 02/11/2020.  The said  vehicle is insured with ICICI Lombard Insurance Company for five years through Insurance invoice no.1711192677669 i.e from 25/11/2019 to 24/11/2024.  The complainant  informed the  Insurance Company  regarding the accident and  surveyor  was appointed by Company to assess the damage.   The vehicle in question was sent for repair to the OP , who had  received the full and final payment from the said Insurance Company for the new parts in place of damaged parts. At the time of delivery of the said vehicle on 2.12.2020 , OP told the complainant to get  main part changed after one week because presently its not available but the name of the main part was not disclosed.  The complainant many times visited service centre of OP but the  OP was lingering on the  matter on one pretext or the other.  OP had totally refused to change the said main part of the vehicle. However , the payment  of the same was already received by the OP from the insurance Company. Hence this complaint.
2. Notice of the complaint was given to the OP through registered Post. OP appeared through its Counsel  and filed  written version.
3. The complaint has been contested by the OP and  filed written version  by raising various  preliminary and legal objections.  The vehicle in question  had met with an accident and was brought for the repair in workshop.   The vehicle in question was handed over in perfect working condition  after getting it repaired and necessary parts were changed.  There is no complaint till date regarding  the vehicle in question after repair .  In case , if any part was to be changed then the same would have been mentioned on the service card.  Since  complainant  was insisting  that main part of the vehicle was to be changed  then he must disclose the name of the part.  The  complainant must have  proved with some expert evidence that which  part was defective. Hence the OP has prayed for dismissal of complainant with cost .
4. In support of complaint , complainant tendered in evidence his affidavit Ex.cW1/A along with copies of documents i.e  Ex.C1 ,Photo of the damaged vehicle ,  Ex.C2 Tax invoice  ,  Ex.C3 Insurance Policy, Ex.C4 RC of the vehicle in question , Ex.C5 Adhar Card, Ex.C6 Driving license and closed his evidence.
5. In rebuttal,  the OP has tendered in evidence Ex.RW1/A affidavit of Anil Garg , Manger of OP and closed the evidence of OP.
6. Heard. Entire record has been perused.
7. Admittedly , the complainant’ Activa vehicle is insured with ICICI Lombard Insurance Company  for 5 years i.e 25.11.2019 to 24.11.2024 as per Ex.C3.It got  damaged in  an accident . Complainant got  it repaired from OP. The grouse of the complainant  was that the main part of the activa  was not changed.  As per OP, they did all the required repair & changed the necessary parts.
8.  From the perusal  of the record,  it transpires  that Para no.3 of the complaint itself does not disclose the name of main part . So it is not clear as to what claim the complainant is seeking from this Commission. It is established law that what is alleged that must be proved by cogent  & convincing evidence  on record.  The complainant can not stake his claim merely on  conjectures & surmises . It is thus, held that complainant has failed to prove his complaint.
9. In view of our above discussion, we do not find any merit in this complaint & the same is here by dismissed with no order as to costs.

        The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record Room.

         Pronounced 18 May 2023      

                                                        (S.K. Aggarwal)

                                                                 President

                                                                    

 

                                                                ( Shivani Bhargava )

                                                                         Member