ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                            JUDGMENT

                        Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties either to exchange the defect product with a brand new one or to rectify the present defect with extension of warranty or to return the purchase money with interest in return of defect asset”.

            The case of the complainant is that he has purchased a Royal Enfield two wheeler from the opposite party No.2 (who is a registered dealer of O.P. No.1) on 14.5.2000 on payment of Rs.1,88,000/-. The complainant found gear trouble one day after purchase and brought the matter to the knowledge of opposite parties on more than 8/10 times, but the same trouble persist till date. The opposite party No.2 is also made to know about the gear box defect on 08.02.2022 & 14.02.2022 but the mechanics at company workshop failed to rectifying defect.

            Notice to opposite parties was issued and opposite parties though appeared but did not file any written version and remained absent continuously for which opposite parties were set ex-parte on 26.9.2022.

            We have gone through the record and found that the vehicle alleged to have found defective could not be rectified even though it is within the warranty period.

            Since the opposite parties have failed to give any reply we come to conclusion that alleged defect to be in existence in gear box.

            We therefore direct the opposite parties to replace the gear box of complainant by a new gear box by sending their mechanic to the house of complainant or in their garage by transporting the vehicle to their garage at the cost of opposite parties within 6 weeks from the date of receipt of the order. If the opposite parties fails to rectify the defect then the opposite parties in addition to ratifying the defect shall pay Rs.10,000/- cost to complainant. If the complainant intentionally delays for rectification then the said period of delay shall be deducted from 6 weeks time given. With the aforesaid observation and direction the consumer complaint is disposed of.