Present: Sh. R.S. Sangwan, Adv. for complainant.
Complaint presented today. It is checked and registered. The case is fixed for consideration on the maintainability of the present complaint.
Heard. On perusal of entire complaint file, we have observed that the complainant has purchased a motorcycle Royal Enfield Bullet (bearing registration No. HR-19R-1484) from the OP on 28.9.2022 but by alleging manufacturing defect in the said motorcycle, the complainant prayed to direct the OP to replace the said defective motorcycle of complainant with other relief. The counsel for complainant further requested this Commission to issue the notice against the OP to decide the said complaint.
We have observed that along with the main complaint, the complainant has placed on file some documents i.e. copy of R.C., tax invoice, insurance policy and two bills of repair of said motorcycle. But minute perusal of documents submitted above by the complainant, do not show any manufacturing defect in the motorcycle as alleged in the complaint. Even the bills of repair also shows that the complainant paid labour charges with charges of parts replaced by the Foyal Enfield company which comes in the category of “consumable items” viz. brake shoe kit, connection link, spark plug etc. say wear and tear parts on using of the said motorcycle.
So, complainant has been failed to place on record any authenticated mechanical report or any other proof or evidence convincing this Commission that there was any manufacturing defect in the motorcycle, further that in which manner the OP is at fault and why the OP should be summoned by issuing notice by this Commission.
Hence, prima-facie, we think that it is not a fit case for summoning of OP by issuing notice by this Commission. Therefore, the complaint of complainant being not maintainable in the present form, deserves dismissal and hence, the same is hereby dismissed.
Certified copies of the order be supplied to the parties free of costs.
File be consigned to the record-room.
