SRI G.K. RATH, PRESIDENT …                The factual matrix of case is that, the complainant has procured a Bike named Hero Glamour bearing its Engine No.JA06EJG9E10781 and Chasis no. MBLJA06AMG9E10773, by paying Rs.58,224/- from OP.no.1 on dt.14.09.2016 which was registered under the RTO, Nabarangpur vide Regd.no. OD24 D 4967, dt.19.10.16. He contends that after purchase of just one week the bike reported defects in engine for which on dt.26.09.16 the OP.2 being authorized service provider had repaired the vehicle replaced Gasket, R-crank, case cover, drain cock packing, O-ring and engine oil and for the same the OP.2 charged Rs.354/- which paid by the complainant vide job card no.21514-02-RJC-0916-5137 dt.26.09.2016. But observing same problem the complainant again approached the OP.2 on dt.08.11.16 and the OP.2 repaired the same by billing Rs.293/- issuing invoice and job card to that effect. That after some days on 23.12.16 the vehicle appears some other problems, hence the complainant approached the OP.1 who replaced certain parts like Hero super premium, Hero super drain cock packing, drain plug bolt, O-ring, Gasket and L CYL, Head side cover etc and the complainant paid Rs.338/- thereof but the defects does not rectified by the OP.s. Finding no other way the complainant finally approached the customer care of OP.4 alleging inborn defect through telephone on dt.26.12.16 & on 06.03.17 vide complaint no.115421216198 & 115420317203 but all his efforts were in vain. Hence he contends that the action of OP.s is amounts to deficiency in service and for such illegal act the complainant inflicted mental agony and financial losses. So he prayed before the forum to direct the OP.s to replace the so called defective vehicle with a new vehicle, direct to reimburse Rs.985/- as billed amount, along with a compensation of Rs.50,000/- and Rs.15,000/- as cost of litigation in the ends of justice.

2.         The counsel for OP.2 entered his appearance and filed counter to contend that, the allegation leveled by the complainant are not true. The OP.2 being the Service Provider of Hero bike had provided all required services with free of cost and up to the satisfaction of complainant, hence not committed any deficiency in service as claimed. He further contends that after provide service/repair the complainant with all satisfaction get back his bike and there was no further objection, hence the case has been made by the complainant for undue gain, hence not maintainable. So he prayed to dismiss the case with exemplary orders.

3.         The counsel for complainant has filed copy of certain documents along with affidavit. The counsel for OP.2 filed nothing except his counter and affidavit. In spite of a number of chances the OP.no.1, 3 & 4 neither appeared nor filed their counter in the case, so they set ex parte as per provisions envisaged in the C.P.Act 1986. The case minutely heard from the counsel for complainant and OP.no.2 and the submissions considered.

4.         It is seen from the record that, the complainant has purchased the so called vehicle on dt.14.09.2016 and obtained the invoice and warranty papers. It reveals from record that, within one week of its purchase i.e. on 26.09.16 he approached the OP.2 for first time alleging some defect in engine, though who repaired the vehicle by replacing Gasket, R-crank, case cover, drain cock packing, O-ring and engine oil but charged Rs.354/- which the complainant paid. But observing same problem the complainant again approached the OP.2 on dt.08.11.16 and the OP.2 repaired the vehicle by billing Rs.293/- issuing invoice and job card thereof. That after some days on 23.12.16 the vehicle appears some other problems, hence the complainant approached the OP.1 who replaced certain parts like Hero super premium, Hero super drain cock packing, drain plug bolt, O-ring, Gasket and L CYL, Head side cover etc and the complainant paid Rs.338/- thereof but the defects could not rectified by the OP.s. Finding no other way the complainant finally approached the customer care of OP.4 alleging inborn defect through telephone on dt.26.12.16 & on 06.03.17 vide complaint no.115421216198 & 115420317203 but no action yet been taken by the OP.s to his grievance, hence under sustained mental agony and financial losses he craves the leave of this forum and prayed for compensation.

5.         On perusal of record it is seen from retail invoice filed by complainant that the vehicle covers 05 years warranty and wherein clearly specified that “all Hero products comes with 5 year warranty without any additional cost.” But despite mentioning the above facilities the OP.2 collected additional cost from the complainant which is illegal and highhanded. The complainant finding no other ways approached the customer care of OP.s requesting to replace the bike with a new one but the OP.4 did not pay any heed to his grievance.

6.         Having considered the matter from different angles we found deficiency in service and unfair practices on the part of OP.s. The OP.s violates the benevolent principles of C.P.Act 1986 by breaking basic policies of Sale of Goods Act 1930 by not responding several grievances of complainant. We feel that the vehicle in question is a manufacturing defect product which the OP.s deliberately sold for a good price. It is also seen from entire adjudication that the OP.1, 3 & 4 are neither appeared nor filed their counter in the case despite a number of chances allowed to them, which seems sheer disobedience of law of the land. Hence from the whole transactions we found guilty of deficiency in service on the part of OP.no.1 & 4 and the complainant is entitled for compensatory relief.

                                                                        ORDER

i.          The OP.No.1 & 4 are hereby directed to replace the vehicle in question supra in place of the alleged defective vehicle with fresh validate warranty to the complainant, inter alia, to pay Rs.10,000/- (Ten thousand) for compensation which includes the cost of litigation.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 29th day of Dec' 2017.

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MEMBER                                  MEMBER                                       PRESIDENT