Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 593.
Instituted on : 08.10.2021.
Decided on : 25.09.2023.
Satbir Age-48 years, S/o Sh. Mange Ram R/o Shop No. 31 new Grain Market, Kalanaur Distt. Rohtak.
………..Complainant.
Vs.
- M/s Shivam Hero Motors Agency, through its Manager situated at Kalanaur Distt. Rohtak.
2. M/S Shivam Hero Motors service station, Kalanaur Distt. Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh. Shailender Singh Jatain, Advocate for the complainant.
Opposite party No.1 & 2 exparte.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that he had purchased a new Motor cycle Spl + i3S bearing Regn.No. HR12AN-9742 Model 4/2021 from the agency of respondent No. 1 for Rs.77500/- in the year May, 2021. The said Motor cycle was defective from the very first day since its purchase. Complainant made a complaint to respondent No.1 to get repair the same from the company, but the opposite party instead of repairing the same stated that the defect of Motor cycle be got removed from the agency centre which is situated in the name of Shivam Hero Motors Agency, Kalanaur Distt., Rohtak. The act and conduct of the respondents of not cooperating with the complainant is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that the respondents may kindly be directed to refund the amount of the defective piece of Motor cycle and to pay an amount of Rs. 20,000/- on account of deficiency in service and litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party No.2 through registered post not received back. Track report also submitted by the counsel for the complainant regarding delivery of the items/notice but none has appeared on behalf of opposite party No.2 and as such opposite party No.2 was proceeded against exparte vide order dated 16.11.2021 of this Commission. Opposite party No.1 also did not appear despite service and was proceeded against exparte vide order dated 06.09.2022 of this Commission.
3. Complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on dated 10.02.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant. As per Ex.C2 Gas kit having code HSN48239030 was changed on dated 29.06.2021. As per Ex.C3, Gasket Cover having HSN code 48239030, oil seal having HSN Code nos.40169330(2 in nos.) were changed on dated 11.09.2021. As per Ex.C4, the plug rubber of the vehicle was changed on 28.09.2021 and as per Ex.C5 again plug rubber, oil seal and gasket cover were also changed on 19.11.2021. Complainant has also placed on record photographs ExC6 to Ex.C9 which shows that there is leakage of oil from the engine. As per Tax Invoice Ex.C5, the vehicle has run only 2365 kms and during this period the vehicle was brought in the service station for four times by the complainant, which shows that there is defect in the alleged vehicle. To remove the complications occurred in the engine, gasket and seal were repaired/replaced frequently by the respondents but the defect could not be removed properly by the opposite parties. It is also on record that opposite parties have not appeared before this Commission and were proceeded exparte, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties stands proved. We have also placed reliance upon the judgment cited by ld. counsel for the complainant in II(2021)CPJ142(NC) titled as Maruti Suzuki India Ltd. Vs. Deepak Singh & Anr., which is fully applicable on the facts and circumstances of the case. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to repair the vehicle in question complete in all respect and to ensure that leakage of mobil oil will be stopped from the engine. Opposite parties are further directed to pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
25.09.2023.
................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
................................................
Vijender Singh, Member
