Haryana

Ambala

CC/108/2015

Garv Baweja - Complainant(s)

Versus

M/s Hero Motocrop - Opp.Party(s)

Pankaj Arora

11 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

          Complaint Case No. :  108 of 2015

          Date of Institution     :  22.04.2015

          Date of Decision       :  11.07.2016

 

Garv Baweja son of Sh. Nand Lal Baweja R/o H.No.172, Palika Vihar, Ambala City through his father Sh. Nand Lal Baweja.

                                                                                                                                                                                     ……Complainant.

                                                                                                                       Versus

1.            M/s Hero Motocorp Ltd. through its Managing Director, 37^th K.M. Stone, Delhi-Jaipur Highway, Gurgaon-122001.

2.            M/s Dhruv Automobiles through its Proprietor/Partner/Manager, Plot No.2028, Abadi Kirpa Nagar, Baldev Nagar, Ambala City.

                                                                                                ……Opposite Parties.

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH.A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

Present:          Sh. Pankaj Arora, Adv. counsel for complainant.

                        Sh. Sitender Garg, Adv. counsel for Ops.

ORDER:

                        Complainant has filed the present complaint contending therein that he purchased a motor cycle-Splendor Plus from OP No.2 on 05.02.2015 in a sum of Rs.46200/- and the problem started in the gear box of motor cycle after two days of its purchase i.e. on 07.02.2015, so it was taken to the workshop of OP No.2 where the defects could not be rectified by the Ops and they kept the vehicle in their workshop for repair but of no avail and the motor cycle is still lying in their workshop.  Hence, the present complaint.

                        On the other side, Ops denied the contents of complaint and  prayed for dismissal of complaint. However, during the course of proceedings, OP’s counsel stated at bar that they are ready to replace the defective parts of the vehicle without prejudice to the merits of the case whereas complainant appeared in person before the Forum and stated on oath that  he does not want to get replaced the defective parts of the motorcycle in question rather  he wants complete replacement of the motorcycle alongwith compensation for harassment etc. and thus he prayed that his case may be decided on merits.

                        After the statement of complainant, Sh. Dhruv Kapoor, Partner M/s Dhruv Automobiles, Baldev Nagar, Ambala City appearing on behalf of  Ops tendered a statement that they are ready to replace the motorcycle in question with new one and prayed for disposal of the complaint accordingly.  

                        In view of the statements tendered by the parties to the complaint, complaint in hand is allowed and Ops are directed to replace the motor cycle in question with new one of the same model within 30 days from today whereas complainant is directed to authorize the OP No.2 for disposing of the vehicle in question in the manner which he (OP No.2) likes or to  transfer the R.C. of the disputed vehicle in the name of Op No.2 within the stipulated period.  Since the complainant has contended that he has been harassed mentally and physically at the hands of Ops, he may be given a suitable compensation. As such, keeping in mind totality of the facts & circumstances of the case, a sum of Rs.5000/- is also awarded in favour of complainant as compensation for harassment and litigation charges etc.  However, it is clarified that in case of any lapse by the complainant or the Ops in complying with the said order, both parties shall have a right to invoke provisions of section 27 of C.P. Act and awarded  amount of compensation shall fetch  simple interest @ 12% per annum for the period of default. So the complaint is disposed of in above terms. Copies of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

ANNOUNCED:11.07.2016                                

 

                                                                                                               Sd/-

                                                                                                   (A.K. SARDANA)

                                                                                                             PRESIDENT            

 

                                                                                                                Sd/-

                                  (PUSHPENDER KUMAR)

                                                                                                            MEMBER