NCDRC

NCDRC

RP/617/2010

M/S. RAJASTHAN PENSIONER ASSOCIATION MEDICAL STORE - Complainant(s)

Versus

M/S. INDUS ELECTRONS ELECTRUMS (I) LTD. & ANR. - Opp.Party(s)

MR. RAL KAMAL & ROHIT AGARWAL

31 Mar 2010

ORDER

Date of Filing: 02 Feb 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/617/2010
(Against the Order dated 26/10/2009 in Appeal No. 452/2009 of the State Commission Rajasthan)
1. M/S. RAJASTHAN PENSIONER ASSOCIATION MEDICAL STORER/o. Plot No. 298, Scheme NagarAlwarRajasthan ...........Appellant(s)

Vs.
1. M/S. INDUS ELECTRONS ELECTRUMS (I) LTD. & ANR.72, Palariya (VIA) ThalatejAhmedabadGujarat2. M/S. DARSHANA AUTOMOBILESKeshav RoadAlwarRajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. RAL KAMAL & ROHIT AGARWAL
For the Respondent :NEMO

Dated : 31 Mar 2010
ORDER

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          Petitioner bought an electric bike for Rs.27,195/- which gave an average of 9/10 Km against the assured average of 70 km.  In spite of giving assurance, respondents did not repair the bike, aggrieved against which the petitioner filed a complaint before the District Forum which allowed the complaint and directed the respondents to refund the purchase price with interest at the rate of 12% and costs of Rs.2,000/-.

          Aggrieved against the order passed by the District Forum, respondent filed an appeal, which was partly allowed.  State Commission, after taking into consideration the job cards dated 10.10.2007, 29.12.2007, 14.3.2008 and 11.6.2008 came to the conclusion that the defects pointed out by the petitioner were minor in nature and there was no manufacturing defect in the bike.  The finding recorded by the District Forum that there was manufacturing defect, was set aside.  Rs.10,000/- were ordered to be paid by way of lump sum compensation.

            We agree with the view taken by the State Commission that there was no manufacturing defect in the bike.  Keeping in view the price of the bike, i.e., Rs.27,195/-, the overall compensation of Rs.10,000/- ordered to be paid to the petitioner is sufficient.  Dismissed.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER