MR. BIBEKANANDA DAS, MEMBER:-                       

                     This C.C.Case No. 1/2020 arising out of defective vehicle within warranty period wherein the Ops failed to rectify the defect nor replaced the vehicle.

Brief facts:-

                      Complainant purchased one Hero Motor Cycle Model HF  Delux vide Chassis No.- MBLHAW033K9F13208 & Engine No-HA11ENK9F01145  on dt. 04.10.2019 financed by Hinduja Leyland Finance and insured under Bharati AxA valid from dt. 05.10.2019 to 04.10.2024 within one month of purchase & also during a valid warranty period the said vehicle became dyfunct and the same was informed to Op No.1 (the authorized dealer from whom the vehicle has been purchased by the Complainant) and consideration amount of Rs. 50,100/- was paid by the Complainant . The OpNo.1 attended the vehicle but the defect could not be removed and the same problem continued. The Complainant further on dt. 13.10.2019 surrendered the said vehicle for exchange/replacement, Minor repair was made by OpNo1 and handed over to Complainant.

                     Finally on dt. 23.12.2019, Complainant informed the Ops the said vehicle having warranty period may be replaced by the Ops.

                    After going through the warranty card as provided by the Ops vehicle’s manual, and  Heard the Ld. Counsel for the Complainant, perused the materials/documents available on record, wherein scrutinized the job card on various occasions the warranty card and grievances sent by the Complainant to the Ops, RC Book, insurance, sale invoice etc. On the other hand the Op’s Counsel filed Vakaltanama but not field the written version till today. Hence the Ops are set ex-parte.

                    We have gone through the complaint petition, the Complainant is a consumer U/S-2(7) of C.P.Act, 2019 and filed consideration money and the sale invoice and the product(the vehicle) is defective, the same is coming under goods U/S-2(21) of C.P.Act, 2019 which is defective U/S-2(10) so also non-removal of defect is deficiency U/S-2(11) of C.P.Act, 2019 and the Ops have failed to provide express warranty prescribed U/S-2(20) of C.P.Act, 2019. Further OpNo.1 & 2 liable under product liability action U/S-2(34) of C.P.Act and also U/S-2(37) of C.P.Act, 2019, product seller. Further the warranty card annexed to the petition provided by the Ops to the Complainant on the date of purchase having term & conditions HF Delux is warranted for a period of 5 years or 70,000 Kms whichever is earlier from date of purchase. Therefore we found the Ops are responsible for non removal of defect of the vehicle, and liable for the loss suffered by the Complainant.

                                                   O R D E R

                      It is directed that if the Complainant produce the vehicle before Ops, they shall remove the defect of the vehicle at their own cost without any demand to the Complainant within a period of 15days from the date of receipt of this order and file a satisfaction report from the Complainant in this Commission, failing which the Ops are liable to replace with a new vehicle in exchange of the defective vehicle to the Complainant without any anciliary charges. All the above directions shall be exercised within a period of one month.

                Issue extract of the order to the parties for compliance.

          Pronounced in the open Commission, on this the 24th day of January,2023.                           

                                             I, agree.

                                             Sd/-                                      Sd/-

                                        PRESIDENT                         MEMBER