BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.497 of 2015

Date of Instt. 17.11.2015

Date of Decision : 29.04.2016

Hitesh Mohan Kapoor, aged about 27 years son of Narinder Kapoor R/o H.No.37A/7, Friends Colony, Opp.DAV College, Jalandhar.

..........Complainant Versus

1. M/s Jaswant Motors, Near Bus Stand, Jalandhar.

2. M/s Hero Motocorp Ltd, 34, Community Centre, Basant Lok, Vasant Vihar, New Delhi.

.........Opposite parties.

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Sushant Kohli Adv., counsel for the complainant.

Opposite parties exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that complainant purchased Hero motorcycle model Karizma from OP No.1 manufactured by OP No.2 on 5.1.2015 for Rs.83900/-. Soon after the use of the vehicle, the complainant found that the vehicle is giving lot of jerks while driving at a speed of 20-30 kilometer per hour. It did not even pick up beyond that . The vehicle also heated up the engine to intolerable limit, making it too difficult to have a ride on it. The complainant approached the OP No.1 but they could not solve the problems. However, they found it to be a carburettor fault which even after replacement with another, could not be set right. The complainant made regular complaints to the company OP No.2 and also to OP No.1 at the time of regular service but they failed to find out the fault and even they did not mention the fault on the service invoice that is why the complainant refused to sign the same. The OP No.2 gave complaint number online i.e. 10006-0815-54, 10000-0815-83, 10000-0715-78, 10000-0715-76 and they told the complainant that service engineer shall visit and would find out the fault. They also referred the matter to the company dealer M/s R.K.Mahajan, Jalandhar but they also could not find out the fault and could not repair the bike of the complainant. It is very dangerous to ride on such a motorcycle. The bike of the complainant is not repairable as OPs could not repair the same. On such averments, the complainant has prayed for directing the OPs to replace the motorcycle in question. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties were served but OPs neither appeared nor filed written statement as such they were proceeded against exparte.

3. In support of his exparte complaint, complainant has tendered into evidence affidavit Ex.C1/A alongwith copies of documents Ex.C1 to Ex.C8 and closed his exparte evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. From the entire record i.e. version of the complainant in the complaint and the documents produced by the complainant, it stands fully proved on record that complainant purchased Hero motorcycle model Karizma from OP No.1 manufactured by OP No.2, on 5.1.2015 vide invoice Ex.C3 for Rs.83900/-. The complainant submitted that soon after the use of the vehicle, the complainant found that the vehicle is giving lot of jerks while driving at a speed of 20-30 kilometer per hour. It did not even pick up beyond that. The vehicle also heated up the engine to intolerable limit, making it very difficult to have a ride on it. The complainant approached the OP No.1 but they could not solve the problems. However, they found it to be a carburettor fault which even after replacement with another, could not be set right. The complainant made regular complaints to the company OP No.2 and also to OP No.1 at the time of regular service but they failed to find out the fault and even they did not mention the fault on the service invoice Ex.C5 that is why the complainant refused to sign the same. The OP No.2 gave complaint numbers online i.e. 10006-0815-54, 10000-0815-83, 10000-0715-78, 10000-0715-76 and they told the complainant that service engineer shall visit and would find out the fault. They also referred the matter to the company dealer M/s R.K.Mahajan, Jalandhar but they also could not find out the fault and could not repair the bike of the complainant. It is very dangerous to ride on such a motorcycle. The counsel for the complainant submitted that the bike of the complainant is not repairable and OPs could not repair the same and make it roadworthy. The complainant also served legal notice upon the OPs Ex.C1 and Ex.C6 through registered post, postal receipts of which are Ex.C2 and Ex.C7 respectively but inspite of that OPs neither repaired the motorcycle of the complainant nor replaced the same with new one nor refund the amount of the motorcycle to the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

6. The complainant proved on oath his averments in the complaint through his affidavit Ex.C1/A. He has also proved on record invoice regarding the purchase of the vehicle Ex.C3. Service invoice dated 9.7.2015, legal notice Ex.C1 and Ex.C6, postal receipts are Ex.C2 and Ex.C7. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the OPs to contest the complaint filed by the complainant nor any person from the OP dared to file affidavit to rebut the evidence produced on record by the complainant.

7. Resultantly, it stands proved on record that the motorcycle Hero Karizma purchased by the complainant from OP No.1 manufactured by OP No.2 vide invoice dated 5.1.2015 Ex.C3 became defective within the warranty period as it started giving jerks while driving at the speed speed of 20-30 kilometer per hour and it did not even pick up beyond that speed. The vehicle also heated up the engine to intolerable limit, making it too difficult to have a ride on it. The OPs failed to repair/set right the vehicle despite changing of carburettor etc. The complainant also served legal notice upon the OPs Ex.C1 and Ex.C6 through registered post, postal receipts of which are Ex.C2 to Ex.C7 respectively but inspite of that OPs failed to rectify the defects in the motorcycle of the complainant. Resultantly, it stands fully proved on record that the motorcycle in question purchased by the complainant is beyond repairs as the OPs could not repair the same. Resultantly, the OPs are liable to replace the motorcycle of the complainant with new one of the same make and model or to refund the amount of the motorcycle to the complainant.

8. Resultantly, we allow the complaint exparte with cost and OPs are directed to replace the motorcycle in question of the complainant with new one of the same make and model or to refund the price of the motorcycle to the complainant within one month from the date of receipt of copy of this order failing which OPs shall be liable to pay interest on the price amount of the motorcycle of the complainant i.e. Rs.83900/- @ Rs.9% per annum from the date of filing of the complaint till the payment is made to the complainant. The OPs are also directed to pay cost of litigation to the complainant to the tune of Rs.1000/-. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

29.04.2016 Member Member President