Orissa

Malkangiri

CC/27/2014

Sri Bhaben Saha, - Complainant(s)

Versus

Prop. Royal Automobiles, - Opp.Party(s)

31 Jan 2015

ORDER

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Complaint Case No. CC/27/2014
( Date of Filing : 12 Feb 2014 )
 
1. Sri Bhaben Saha,
aged about 48 years, S/O Late Surendra Nath Saha, resident of Main Road DNK Chouk, Malkangiri, PS/Dist. Malkangiri.
...........Complainant(s)
Versus
1. Prop. Royal Automobiles,
81, budha Nagar, Bhubaneswar, Odisha.
2. M/S Royal Enfield, Aunit of Eicher Motors Limited,
407, 4th Floor, Nirmala Plaza, Forest Parek, Bhubaneswar-751009.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ashok Kumar Pattnaik PRESIDENT
 HON'BLE MRS. Bhavani Acharya MEMBER
 
PRESENT:
 
Dated : 31 Jan 2015
Final Order / Judgement

 

The case of the Complainant in brief is that he had purchased a Royal Enfield CLASSIC-350 CC Motor Cycle from the Opposite Party No-1 by paying a sum of Rs. 1,22,850/- (Rupees One lakh Twenty two thousand eight hundred fifty only) for which an invoice No. 709 dated 31.07.2013 along with warranty has been brought on record. According to the Complainant that just after five months of its use in the month of December, 2013 the battery fitted in the said motor cycle stopped its functioning. Immediately, the complainant reported the matter to the Ops but they did not turned up either for repair or replacement. Finding no other alternative, the complainant shifted the motor cycle from Malkangiri to Jeypore in a hired Pick-UP van by paying Rs. 7,000/- and replaced the cattery on payment of Rs. 2,400/- (1900/- cost of the battery and Rs. 500/- the fitting charges) besides the boarding and lodging charges of Rs. 2,000/-.

Upon notice, the OP NO-1 filed his version through registered post. In his version the OP No.1 raised some preliminary objections and denied his liability.

Despite receipt of notice, the OP NO-2 neither appeared nor filed his version hence, OP No-2 set ex-parte.

In the absence of any representation from the Opposite Party No-2 and having gone through the documents and all other evidence placed before us by the Complainant. We are of the considered opinion that the battery fitted in the meter Cycle of the Complainant by the OP No-2 is a defective one. Further grievance was brought to the notice of the opposite parties and the same was not attended at the level of the opposite parties.

Hence we are inclined to pass the following :-

                                                                                   ORDER

Opposite Party No-2 is directed to pay an amount of Rs. 20,000/- ( Rupees Twenty thousand only) to the Complainant towards monetary compensation which includes the cost of litigation. The Order shall be complied within 30 days from the date of receipt of a copy of this order failing which the Opposite Party No-2 is liable to pay Rs. 100/- per day of default.

Copy of the order be sent to the parties free of cost.

Pronounced in open Court on 31st January, 2015.

 
 
[HON'BLE MR. Ashok Kumar Pattnaik]
PRESIDENT
 
 
[HON'BLE MRS. Bhavani Acharya]
MEMBER
 

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