ORDER

Date of Order:         11-10-2017

Upendra Jha, Member

                          This appeal is directed against the order dated 14-01-2016 passed by the District Consumer Forum, Muzaffarpur in Complaint Case No. 90 of 2013 by which the complaint of the complainant was dismissed by the District Forum.

2.                 Brief facts of this case is that the complainant-appellant purchased a Bike from the Opposite-party-1 dealer costing Rs. 41,000/-(Rupees forty one thousand only) on 29-10-2012 with one year warranty. But this vehicle became defective after few months. Though, the dealer repaired it but it was not operational properly. The complainant had to face harassment and loss of money in repairing of the vehicle. The complainant then filed a complaint before the District Forum, Muzaffarpur claiming Rs. 86,120/- from the O.Ps. The Opposite-parties contested the case. The District Forum dismissed the complaint against which this appeal is preferred.

3.                   Despite notices, the O.ps.-respondents have not filed response. The appellant has filed written notes of arguments. Heard and perused the District Forum order.

4.                         The District Forum has not held any deficiency in service on the part of the Manufacturer in want of expert/technical report regarding the defects of the said vehicle, has dismissed the complaint.

5.                                The counsel for the appellant submits that he purchased Scooty from the O.P.-dealer costing Rs. 41,000/- having warranty period of one year. But after a few months trouble started in the vehicle. It was repaired and appellant had to expend money time and again. Though the Manufacturing Company has given the prescribed running of 90-95 Kms./hour but it was achieved more that 25Kms/hour. Engineer R.S. Sinha Retd. Superintending Engineer Mechanical Government of Bihar has given expert report regarding the defects of the vehicle but it was not considered by the District Forum and has passed the impugned order which is not sustainable. It is fit to be set aside.

6.                               We have considered the grounds of appeal, submissions of the appellant & materials available on record, on perusal of the order passed by the District Forum; it appears that the District Forum has dismissed the complaint only on the ground that the expert report has not been produced before the District Forum, where as the complainant-appellant has submitted before an expert report of Reted. Mechanical Superintending Engineer who has stated that the Manufacturer has mislead the Scooter Buyer by giving misleading features in owner’s manual Annexure-4, page-34 of the memo of appeal dated 09-06-2013. In this circumstances, we are not inclined to affirm the District Forum order. It is this set aside and the appeal is allowed and remanded to the District Forum for fresh hearing, taking evidence if any and for passing a reasoned order considering the expert report within three months from the receipt of this order.

7.                 The appeal is allowed.

         S.K. Sinha                          Renu Sinha                                   Upendra Jha                                                                                                                                                                 

President                          Member (F)                                 Member (M) 

Anita