By R. VIJAYAKUMAR, MEMBER,

            The complainant filed the complaint for getting Rs.60,343/- as compensation and cost.

            The grievance of the complainant can be briefly summarized as follows.

            The complainant has purchased a two-wheeler motor Bike from opposite party on 29/06.07, which was in the brand name of EKO COSMIC I and with Chase No:06070048 for the price of Rs.34,990/-.  On 05/08/07 complainant purchased accessories for Rs.353/- from opposite party.  The Bike found defective and the matter was informed to opposite parties but they were not responded.  On 20/11/07 the vehicle was became totally defunct.   Complainant strictly demanded for

rectification of defect, a mechanic of opposite party came and checked the vehicle, informed that the Battery was defective and it is to be changed.  He has gone with the Battery.  But the Battery is not rectified or returned back yet.  The advocate Notice issued by the complainant was also not responded by the opposite parties.  Hence the complaint is filed for getting relief.

            Sufficient opportunities given to the opposite parties but they were negligent, even to file version or to adduce any evidence.   

            The complainant filed affidavit exhibits P1 to P6 were marked.

The points that would arise for consideration are:

                      1.  Whether there is any deficiency in service on the part of opposite party.

                      2.   Compensation and cost.

Points (I) and (II)

            We have perused the complaint, affidavit and documents.  On verification of the documents we find that opposite party is bound to rectify the defects and they were failed to perform their duties so that there is deficiency in service on the part of opposite party.  The points found accordingly.

            In the result the complaint is allowed.   Opposite party is directed to pay Rs.35,343/- taking back the defective vehicle.  The opposite party also directed to pay Rs.5,000/- as compensation and Rs.1,500/- as cost.

            The order is to be complied with within one month of the date of receipt of this order.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

Dated this the  29th day of November, 2008

INDEX

List of witness for the complainant

PW1  : Shihabudheen

Ext. P1:  Sale Bill

Ext. P2: Service Book

Ext. P3: Warranty card with user’s manual

Ext. P4: Advocate notice
Ext. P5: Postal Receipt

Ext. P6: Acknowledgement Card.