MR. PRAVAT KUMAR PADHI, PRESIDENT:-

                   Complainant has filed C.C.Case No. 9/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:

                “ Hon’ble Commission may kindly issue necessary direction to the Ops to refund purchase price of Rs. 84,400/- paid by the Complainant of the vehicle with 12% interest at monthly interest till date with Rs. 5,000/- litigation expenses and Rs. 50,000/- compensation of mental agony.”

                  Heard the Ld. Counsel from both the parties at length. Perused the documents/annexures  available on record and also gone through the complaint petition & so also the written version filed by the Ops.

                  The Complainant alleges to have impressed upon the visible representations of Op No.1 about the vehicle and the inspection and it’s inherent manufacturing defects Complainant was deprived of it’s utility. We find not a single paper/complain of Complainant with regard to the allegation made in the C.C.Case. We have gone through the C.C.Case and found that on the alleged dates i.e, 30.07.2020, 12.09.2020, 31.10.2020, 31.01.2021, 17.04.2021 the vehicle was given free service by the Op-Company.

                   Complainant has enclosed money receipt dt. 13.07.2020 amounting Rs. 84,400/-, Tax invoice dt. 13.07.2020, Job Card dtd. 16.12.2020, 17.06.2021, Challan/money receipt dt. 30.07.2020 not legible amounting Rs. 146/- and free service record sheet without any mention of page marking or Annexure marking.

                     Except Job receipt dt. 16.12.2020 nowhere in any document there is mention of Gear problem and there is not a single correspondence from Complainant to Ops regarding any gear problem and there is no evidence.

                    We have also gone through the free service record sheet counter foil from where it is revealed that the vehicle has run 750Km. in 1^st servicing, 3200 in 2^nd service, 6000Km. in 3^rd service, 9500Km. in 4^th service and 12000Km. in 5^th service as such the vehicle has almost run 2500-3000Km. in each service which are free of cost during a period of 9-10 months from which it reveals that the vehicle was running normally for which  except in one occasion during service the Complainant has not raised any grievance regarding gear problem. It is revealed that Complainant  has made vague & baseness allegation of  gear problem without any basis to take Undue advantage of C.P.Act, 2019.

                     We find no sufficient reason evidence and document to come to a definite conclusion regarding any manufacturing defect or gear problem for which there is any vivid description either in any written complaint to the Company or before this Commission in C.C.Case.

                    However taking into consideration the defect pointed out by the Complainant and reputation of the Company and confidence of consumer on consumer Commission, we direct the Op-1 to rectify the defect in the vehicle of the Complainant and Op No.2 & 3 are liable to bear the cost of repairing & Op No.1 shall at least give 6 months free service in respect the said defect pointed out by the Complainant. The Op No.1 shall claim the service charge from Op No. 2 & 3 who shall pay the same within 45 days from receipt of the claim from the Op No.1 .

       With the aforesaid observation the C.C.Case No. 9/2022 is accordingly disposed off. No order as to cost.

                         Issue extract of the order to the parties for compliance.   

      Pronounced in the open Commission, on this the 26^th   day of September,2023

                         I, agree.

                            Sd/-                                                Sd/-

                        MEMBER                                  PRESIDENT