This is a case U/s 12 of the Consumer Protection Act, 1986 by the complainant praying for an order directing upon the O.P. to arrange a good Cushion set instead of defect Cushion set or to refund Rs.2174/- as its value, Rs.10,000/- for unnecessary harassment and mental pain and agony of the petitioner, litigation cost of Rs.2,000/- and  for other relief to the complainant.

 The fact of the case as mentioned in the petition as well as in the evidence is that the petitioner is possessing one bike of Unicorn Model of Honda Company. On 08.09.16 the petitioner went to the O.P. (Mira Auto Centre) for servicing of that bike. The staff of Mira Auto Centre examined the said bike and informed the petitioner that some parts of the bike are required to be changed. Out of which back Mono Cushion is required to be changed. On the basis of such proposal of O.P. the petitioner agreed to change the back Mono Cushion and handed over the bike to O.P. for servicing. After the servicing is complete the petitioner took back the bike from O.P The petitioner noticed that after servicing the bike, the problem was going on and the mono cushion which was changed also defective as oil was leaking out from that cushion. Accordingly he informed the matter to O.P. but the staff of O.P. assured that such problem will be removed after few days. According to the advice of the O.P. the problem was not solved and the problem was increasing day by day. The petitioner informed the O.P. to solve the problem but all the attempts of the petitioner were in vain. It is the further case of the petitioner is that the 861cushion which was changed was defective from the very inception and the O.P. has deceived the petitioner from the beginning. As the O.P did not take any step in spite of several request made by the petitioner, the petitioner finding no other alternative to file the petition before the Consumer Forum.

 Perused the documents. It is found that petitioner took the service of Mira Auto Center. Definitely the petitioner comes under the purview of consumer protection Act. The evidence adduced by the petitioner remained unchallenged and the petitioner has been able to prove his case. As such the petitioner to get an order as prayed for.

 Fees paid are correct. 

Hence it is,

ORDERED

That the complaint case being No.CC-82/2016 is allowed on ex parte against the O.P with cost.

We direct the O.P to pay Rs.2174/- (Rupees Two thousands one hundred seventy four only) for the value of 861 cushion and to pay compensation of Rs.6000/- (Rupees six thousands) only and litigation cost of Rs.2,000/- ( Rupees two thousands) only to the complainant. The entire amount  to be paid  by the O.P within one month from the date of passing of this order, in case of failure  the complainant  may proceed according to law.

Let photocopies of this order be supplied to the parties free of cost.