Appeal No. 328 of 2016 & Appeal no. 350 of 2016

 (Appeal No.328 of 2016)

Order

.

20 -06-2017

Upendra Jha, Member (M)

                          Both appeals 328 of 2016 and appeal no. 350 of 2016 have arose from a common order dated 07.09.2016 passed by the District Forum, Samastipur in Complaint case no. 170 of 2015 by which the opposite party no. 1 & 2 appellant in Appeal no. 328 of 2016 and respondent no. 2 in both appeals have been directed to replace a new chasis in place of old chasis to the complainant within 60 days and further directed to pay Rs. 60,000/- compensation within 30 days failing which 10% interest will be payable.

                  2.                    Brief facts of the case is that the complainant purchased a bus taking loan from the opposite party bank for his livelihood from the opposite party no. 1 dealer M/C Pawan Auto Mobile on 11.05.2013. But, it became defective. It was purchased in Rs. 17,45,820/-. During warranty period, defects were removed but after that repairing was done on reasonable charge. When the matter was not resolved the complainant filed complaint before the District Forum. The opposite parties did not contest the case. The District Forum passed the ex-parte impugned order against which these appeals are preferred.

                 3.                 The manufacturer Eicher Truck & Bus marketing has filed appeal to set aside the District Forum order. On the other hand the complainant has preferred appeal for enhancement of the awarded amount. Respective written notes of argument have been filed by the parties. Heard.

                4.                 District Forum has held deficiency in service on the part of the opposite parties manufacturer and the dealer and accepted the statement of the complainant. For loss of the complainant a compensation of Rs. 500/- per day has also been awarded by the District Forum.

                 5.                Having considered the grounds of appeals, submissions of parties, materials available on record as also the order passed  by the District Forum it appears, that the dealer and manufacturer have not appeared in complaint case and the District Forum passed the ex-parte impugned order. Evidence on affidavit has not been adduced and the proceeding under section 13 of the Consumer Protection Act, 1986 has not been properly followed by the District Forum. Expert opinion has also not been obtained to substantiate the allegation and manufacturing defects of the bus. From the date of purchase till 23.05.2016 the bus has covered a distance of 103.465 Kms- which is evident from the job card in page 33.

                      6.                    For the reasons stated above we are not inclined to affirm the District Forum order which is not based on justified grounds. Thus, the District Forum order is set aside and it is remanded to the District Forum for fresh hearing, for obtaining expert report adducing evidence if any and for passing a reasoned order within three months from the receipt of this order. Parties are directed to appear before the District Forum, Samastipur on 09.11.2017. Appeal no. 328 of 2016 is allowed and appeal no. 350 of 2016 is dismissed with above direction.

      President                           Member (F)                   Member (M)