Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 217
Instituted on : 19.03.2021
Decided on : 04.09.2023
Puneet age 32 years s/o Sh. Baljeet Singh House no.145, Old Housing Board colony, Rohtak-124001.
.......................Complainant.
Vs.
- Nav Bharat Agencies, 1097, Railway Road, Rohtak.
- Kaff Limited, S.S.Plaza, 3rd Floor, Opposite Hilton Garden Inn, Sector-47, Gurugram-122101.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh. Lalit Nayyar and Sh. Ajay Kumar Advocates for the complainant.
Opposite parties exparte.
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per complainant are that he had purchased a Rover(Chimni) 60BIK from the opposite party No.1 for a sum of Rs.13500/- vide bill No.9088 on dated 08.11.2020. Opposite party No.2 is the manufacturer of the allged product. After using the Rover, it was found that the same was not functioning properly as the same had oil leakage. The Rover had manufacturing defect. Complainant made several complaints to the respondents and asked them to change the rover with new one. The authorized service centre inspected the said Rover on dated 03.12.2020 and they claimed that said problem has been rectified. But on using the Rover, the same problem persisted. The complainant again requested the opposite parties for the said problem vide complaint no.210123482 dated 24.01.2021. Thereafter the complainant has been facing same problem in the Rover and again requested the respondent for the said problem vide complaint no.210206372 dated 06.02.2021. Complainant requested the opposite parties to change the Rover with new one or to refund the money of complainant but they refused for the same. Hence this complaint and it is prayed that opposite parties may kindly be directed to change the rover with a new similar rover or to refund the price of Rover alongwith interest, compensation of Rs.60000/- and Rs.11000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite parties through registered post not received back either served or unserved. None appeared on behalf of opposite parties and as such opposite parties no.1 & 2 were proceeded against exparte vide order dated 31.01.2022 of this Commission.
3. Complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and closed his evidence on dated 20.01.2023..
4. We have heard ld. counsel for the complainant and have gone through material aspects of the case very carefully.
5. As per the bill dated 08.11.2020 placed on record as Ex.C1, complainant had purchased the Rover from the opposite party No.1 for Rs.13500/-. As per complainant, there was defect in the alleged Rover from the very beginning. So he made complaints to the opposite parties but despite repairs, problem could not be resolved. To prove the same he has placed on record copy of SMSs Ex.C2 & Ex.C3, which shows that the complaints regarding the defect of Rover were attended by the technician of the opposite parties on 03.12.2020, 24.01.2021& 06.02.2021. Warranty card ‘Annexure-JN-A’ is also placed on record, which shows that there is warranty of 1/5 years on the Rover from the date of purchase. But the defect could not be removed by the opposite parties despite repair during warranty period which shows that there is manufacturing defect in the alleged Rover. On the other hand, it is also on record that opposite party no.1 & 2 did not appear before this Commission despite service, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding manufacturing defect in the Rover stands proved. Hence the opposite party No.2 being the manufacturer is liable to refund the price of Rover(Chimni).
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No. 2 to refund the amount of Rs.13500/-(Rupees thirteen thousand and five hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.19.03.2021 till its realization and shall also pay Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant within one month from the date of decision. However complainant is directed to hand over the Rover(Chimni) in question to the opposite party No.2 at the time of making payment by the opposite party no.2.
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:
04.09.2023
………………………………..
Tripti Pannu, Member.
………………………………..
Vijender Singh, Member.
