Haryana

Karnal

CC/293/2016

Rinku - Complainant(s)

Versus

M/s Hero Motor Corp. Ltd - Opp.Party(s)

Mahinder Kumar

01 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.293 of 2016

                                                         Date of instt. 26.09.2016

                                                         Date of decision:01.02.2018

 

Rinku son of Rajpal resident of house no.17, ward no.10, Laddo Bagri, Jundla Gate Karnal.                                                                                                                                                                                                                                      …….Complainant.      

                                        Versus

 

1. M/s Hero Motor Corp. Ltd. 3.7^th K.M. Stone Delhi Jaipur Highway, Gurgaon 122001 (Haryana) through its Managing Director.

2. General Manager, M/s Nirmal Motors, Meerut Road, Karnal.

 

                                                                 …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jagmal Singh……President.

              Ms. Veena Rani…….Member

      Sh. Anil Sharma…….Member

             

 

 Present  Shri Mahinder Kumar Advocate for complainant.

               Opposite parties exparte.

            

ORDER:                    

 

                         This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant purchased a Motorcycle Model HF DELUXE, Engine no.HA11EJF9K72995, chasis no.MBLHA11ATF9L00688 on 11.1.12015 for Rs.45,489/- from OP no.2. The retail invoice sale certificate were issued in favour of complainant by the OP no.2 and it is stipulated on it  that all Hero Product comes with five years warranty without any additional cost. After the purchase of said motorcycle by complainant, the formalities for registration certificate was done alongwith the transport department Government of Haryana, Karnal through the OP no.2 on 25.11.2015 and finally registration certificate was issued in favour of complainant for the said motorcycle on 26.11.2015 and the registration number of the motorcycle is allotted HR05AQ-4763. After the purchase of the motorcycle the complainant got done first service from OP no.2 on 19.1.2016 after 761 k.m. and thereafter another service was gone done from the OP no.2 on 20.5.2016 after 3517 k.m. After the service of motorcycle on 20.5.2016 the motorcycle started creating problem in the Engine as well as Ring Piston and started giving smoke in large quantity while running. Complainant approached the OP no.2 on 1.8.2016, but the manufacturing defect in the engine and the piston of the motorcycle was not removed by the OP no.2. Then complainant requested to replace the motorcycle because there is a manufacturing defect in the engine and piston of the motorcycle. Complainant approached the OP no.1 on 13.8.2016 on toll free number provided by the OP no.1 and again a complaint was sent through e-mail on 17.8.2016 but nothing has been heard in the genuine request of complainant. The motorcycle is within the warranty period and the manufacturing defect in the engine and piston of the motorcycle cannot be removed in any manner. The complainant got served a legal notice dated 29.8.2016 through his counsel but to no effect. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, initially representative of the OPs appeared on behalf of the OPs and the case was adjourned for filing written statement. OPs availed several opportunity for filing w.s. but no w.s. filed by the OPs. On 11.9.2017 when the case was fixed for filing w.s. and last opportunity was grated for filing the same but none has come present on behalf of the OPs. Hence, they were proceeded against exparte.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C16 and closed the evidence on 29.9.2017.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             From the pleadings of the complainant, it is clear that the he has purchased the motorcycle on 11.11.2015 having registration no.HR-5AQ-4763 with five years warranty. The said motorcycle was got serviced on 19.1.2016 after 761 km and thereafter on 20.5.2016 after 3517 km. The complainant alleged that after the service dated 20.5.2016, the motorcycle started creating problems for which the complainant contacted OP no.2 on 1.8.2016. According to the complainant there was manufacturing defect in the engine and piston, so the problems were not removed by the OPs, The complainant contacted the OP no.1 on 13.8.2016 on toll free number, sent e-mails on 17.8.2016, 30.8.2016, 31.8.2016, 2.9.2016 and 5.9.2016 besides the legal notice dated 29.8.2016. The complainant prayed in his complaint for replacement of the motorcycle in question.

6.             It is pertinent to mention here that the motorcycle in question of the complainant has been stolen regarding which FIR 336 dated 7.5.2017 under section 379 IPC was registered in Police Station  Civil Lines Karnal and the copy of the same has been produced on the file by the complainant as Ex.C16.

7.             It is further pertinent to mention here that at the time of argument, the complainant admitted that the motorcycle was stolen and same has not been found till now. It is further pertinent to mention here that the complainant has a right to claim the insured value of the motorcycle in question from the insurance company when the motorcycle was insured.

8.             From the above facts of the case of the complainant, it is clear that it will not be possible for the complainant to give the motorcycle in question for replacement to the OPs. Hence in these circumstances, the complaint of the complainant has become infructuous and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 01.02.2018

                                                                       

                                                                  President,

                                                          District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                     (Veena Rani)        (Anil Sharma)     

                        Member                 Member