Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refit the cycle with original parts of Atlas.
- To pay Rs. 15,000/- as compensation and litigation costs.
- The facts in this case as asserted by the complainant are as follows:-
- The complainant has purchased one new Atlas Cycle being Cycle No. IST650703 vide receipt no. 754 dated 07.02.2012, the photocopy of which has been annexed as Annexure – 1. It is the case of the complainant that at the time of purchase the opposite party has assured him that he will refit the part if needed within one month.
- The complainant has further asserted that at the time of purchase of the aforesaid Cycle Vide annexure -1, the complainant had fitted several accessories such as Seat, Bell and other minor parts also which belong to other company and not of the Atlas company. The complainant has further asserted that he visited the shop of opposite party several times but instead of redressing of his grievance by refitting accessories of the Atlas Company the complainant was humiliated and insulted by opposite party.
On behalf of the opposite party a written statement has been filed accepting therein that the purchase of aforesaid Cycle but the opposite party has denied the allegation of the complainant. However in Para – 6 of his written statement the opposite party has asserted that “Cycle Seat and horn supplied with the Cycle of all companies do never belong to the company manufacturing the Cycle but the same being accessories are provided as per the choice and satisfaction of the Consumer without any risk and guarantee of its quality or durability. The complainant herein was made acquainted with all such facts before the sale of the Cycle in question and it was after due satisfaction of the conditions that the complainant accepted the Cycle”. The other allegation such as humiliation and harassment by the opposite party has been denied by opposite party and it has been prayed by opposite party to dismiss the complaint case for being vexatious and frivolous.
On behalf of the complainant a rejoinder has been filed denying the allegation of the opposite party.
However in Para – 3 of the rejoinder the complainant has asserted as follows, “ The opposite party had promised to the complainant to get the defective parts and refitting will be done within one month. But due to vested interest and harassing attitude the same has not been done”.
Heard and perused the entire record carefully.
It is the case of the complainant that despite purchasing the Atlas Cycle vide annexure – 1 the opposite party has fitted several accessories which do not belong to Atlas Company.
It is also alleged that when complainant requested to change the accessories belonging to other company then instead of refitting the accessories belonging to Atlas Company the complainant was rebuked by opposite party. The opposite party has denied but has admitted that minor accessories are not made by Atlas Company.
It is needless to say that when a branded item is purchased the company did not make every item but some of the items are procured by companies itself and then the company sell the item after refitting the aforesaid minor parts.
The opposite party has asserted that the Atlas company did not make all minor parts such as Seat as well as bell etc, but it is also true that the opposite party has not stated that aforesaid minor accessories were procured by company itself for fitting the same in the Atlas Cycle.
From bare perusal of annexure – 1 it is crystal clear that refitting will be done within 15 to 30 days.
There is no assertion by opposite party that as per condition mentioned in annexure – 1 the aforesaid refitting was done as per manual of the Atlas Company.
The aforesaid facts constitute deficiency on the part of opposite party.
We hereby direct the opposite party to return Rs. 2,915/- ( Rs. Two Thousand Nine Hundred Fifteen only ) to the complainant which is the price of the aforesaid cycle vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 10% on the aforesaid amount to the complainant till the final payment is made.
The complainant is also directed to return the aforesaid cycle to the opposite party at the time of receiving the aforesaid amount if he had not returned the cycle to the opposite party earlier.
The opposite party is further directed to pay Rs. 2,000/- ( Rs. Two Thousand only ) to the complainant as litigation costs within the aforesaid period of two months.
Accordingly, this case stands allowed to the extent indicated above.
Member President
