Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 30.09.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to return the price of Bike i.e. Rs. 28,000/- ( Rs. Twenty Eight Thousand only ).
2. To direct the opposite parties to return Rs. 5,000/- ( Rs. Five Thousand only ) which is illegally received by the opposite parties in account of repair.
3. To direct the opposite party to pay Rs. 25,000/- ( Rs. Twenty Five thousand only ) as compensation.
4. To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that as per assurance of opposite parties he purchased a bike after paying Rs. 28,000/- being Standard Electric Bike Motor no. BFSWXY84 – 07010090, Battery No. 07C000545, Chasis no. 07910539 on 10.05.2007 vide Bill no. 03 vide annexure – II.

That after the purchase of the said bike the complainant faced trouble within 15 days of the purchase. Thereafter he approached opposite party no. 2 who advised the complainant to approach work shop situated at opposite Loyola School, Patliputra Colony, Patna. When complainant went there, the in - charge of the said workshop demanded Rs. 5,000/-as repair cost although the company has provided six months warranty. The complainant finding no way paid Rs. 5,000/- to in – charge but he did not issue any job sheet. Again the condition of the bike did not improved then complainant again complained the opposite party no. 1 on 05.08.2007 and 29.08.2007 and the opposite parties repaired the aforesaid vehicle temporarily as will appear from annexure – III.

The further grievance of the complainant is that on 05.10.2007 the aforesaid bike finally stopped to function and then complainant requested the opposite parties either to repair the said bike or refund the amount but the opposite parties were not ready either to replace the amount or to repair the said bike. Finding no any solution the complainant sent a legal notice to opposite parties for redressal of his grievance but no reply has been received.

From record it appears that when the opposite party no. 1 did not appeared despite registered notice then he was informed through paper publication which was published in AAJ News Paper on 9^th April 2011, the cutting of which is in the record of this case and thereafter the tamila against opposite party no. 1 was declared valid.

So far opposite party no. 3 is concerned, opposite party no. 3 did not filed any written statement despite filing vakalatnama. It further transpires vide order dated 10.02.2008 that when the registered notice sent to opposite party no. 2 did not returned then the service on the opposite party no. 2 was declared valid.

It further transpires that despite allowing sufficient opportunity when the opposite parties did not filed written statement then the case was heard ex - parte against them.

It is needless to say that as there is no counter version of the fact asserted by the complainant in complaint petition on oath hence we have no option but to accept the fact asserted in the complaint petition in toto.

The aforesaid conduct of the opposite parties clearly proves deficiency on their part and as such we direct the opposite parties to return the amount of bike which had been paid by the complainant vide annexure – II i.e. Rs. 28,000/- ( Rs. Twenty Eight Thousand only ) within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 10% on the said amount i.e. Rs. 28,000/- ( Rs. Twenty Eight Thousand only ) till its final payment.

Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.

Accordingly this complaint petition stands allowed to the extent referred above.

                             Member                                                                              President