Delhi

North East

CC/15/2015

Ajay kr. - Complainant(s)

Versus

PSV. Auto Wheels - Opp.Party(s)

05 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.15/2015

 

In the matter of:

 

	Shri Ajay Kumar S/o Shri Sewak Ram 1/1 Tukmeer pur Extn. Delhi-110094.	Complainant
	Versus
1         2	P.S.V. Auto-Wheelers Authorized Dealer: Mahindra 2 Wheelers A-3, Brijpuri Main Wazirabad Road, Bhajanpura, Delhi-110094.   Mahindra Two Wheelers L.T.D 18/2 M.I.D.C. Chinchwad  East Pune-411019.	Opposite Parties

 

	DATE OF INSTITUTION:	12.01.2015
	DATE OF DECISION      :	05.05.2017

 

 

Nishat Ahmad Alvi, Member:-

ORDER

1. As per complaint complainant purchased a bike of OP2 make Model Centuro-01 from OP1. Since the very beginning there were problems in the running of bike which used to stop running suddenly while going on. Complaints whereof to the customer care of OP2 were lodged vide Numbers I.N.B 26703, I.N.B 26711 and I.N.B 26771. Thereafter till 14.10.2014 complainant kept in touch on phone with the OPs but with no result. Complaint to mediation cell was also lodged where also no solution to problem could be worked out. There are a number of defects in bike like-: “the average is 50 km while company claims 85.4 km, pick-up in the bike is low since the very beginning. There is noise in the engine which according to the OP3-engineer is due to defect in the piston. Altimeter is not working properly. There is noise in the shockers. Handle of bike is tight leading to problem in turning the bike. After the speed of 50 km vibrates starts”. Till date the OPs could not rectify the above defects inspite of several visits to the OPs. On 1.1.2015 when OP1 lastly delivered the bike on trial it was not found perfectly fit for use. Complainant has prayed for refund of the cost of bike alongwith compensation for the loss and harassment complainant had suffered at OP’s hands.

 

2. Both the OPs were duly served on 9.2.2015 but even after providing two opportunities neither any reply filed nor anybody appeared on their behalf. Hence vide order dated 11.2.2015 both OPs were proceeded against Ex-parte.

 

 

3. Complainant has filed Ex-parte evidence by way of affidavit.

 

4. Heard and perused the record alongwith complaint.

 

 

5. Alongwith complaint complainant has filed Retail Invoice, issued by an authorized dealer of OP2, dated 9.4.2014. Insurance cover issued by Shri Ram General Insurance Company on 4.4.2014 for IDV of 44365. Receipt of the bike alongwith accessories like manual service book, invoice insurance cover, registration slip and tool kit of M/s P.S.V Auto wheels-OP1. Bill dated 1.1.2015 issued by Shanker Motors Authorized Dealer of OP2 against repair/service of the bike.

 

6. On the basis of above said findings it is established that the bike in question was duly purchased by the complainant from OP1-the authorized dealer of OP2. Complainant had to go to OPs for rectifying the defects again and again and lastly on 1.1.2015. Not only this even thereafter complainant found the bike not functioning properly. OPs inspite of due service did not, appear and contested the complaint consequently OPs have failed to controvert the evidence as lead by the complainant. Therefore, all the contentions in the complaint are deemed to be proved.

 

7. Therefore, in our considered view not only OPs have sold the defective motor bike to the complainant but also they have failed to rectify that defect even after a number of complaints and the follow-ups of the complainant with them.

 

8. Hence we hold both the OPs guilty for unfair trade practice and deficiency in service and direct them jointly and severally

1. to rectify all the defects in the motor bike in question within 15 days from the receipt of order of this forum. Failing which to refund the entire cost of bike being Rs. 53,310/- (Rupees Fifty Three Thousand Three Hundred and Ten only) after receiving back the defective bike; and
2. to pay an amount of Rs. 10,000/- (Rupees Ten Thousand Only) as compensation for the inconvenience and loss of petrol etc and harassment ; and
3. litigation cost of Rs. 3,000/- (Rupees Three Thousand Only).

 

 

9.     The order shall be complied within 30 days from the receipt of order of this Forum.

9.        Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

10.      File be consigned to record room.

(Announced on   05.05.2017)   

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member