Date of filing:- 28/06/2022.                                                                                 Date of Order/Judgement:-25/07/2023.                                         

                                         DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 18 OF  2022

Buluraj Patra, aged about 30 years, S/o. Maharaj  Patra, R/o. Tora (Rugudipada), Po. Tora, Ps. Town, Dist. Bargarh 

                                                                                                               Complainant.

-: V e r s u s :-

Rabindra Kumar Agrawal, S/o. Ghanshyam Agrawal, Managing Director Laxmi Sales and Service Bargarh, At. Canal Avenue, Sanya, N.H. 6, Po. Deogaon, Ps/Tahasil/Dist. Bargarh.

                                                                                                            Opposite Party.

Counsel for the Parties:-

For the Complainant :-        :- Sri Pramod Kumar Sahu, Advocate with Associates.

For the Opposite Party :-     :- Sri M.K. Satpathy, Advocate with Associates.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.25/07/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The case of the Complainant is that the Complainant has purchased a vehicle namely ACE MEGY bearing Regd. No. OD-17-R-1775, Engine No. 08LTDICRAIL 08CPYS 47720 and Chasis No. MAT53500IKZCI9883 for maintaining his livelihood. That, during transportation the vehicle got some complication and the vehicle was in the showroom till 28/04/2021. On Dt. 28/04/2021, after the delivery of the vehicle in the way of going to Lakhanpur, some different sound came from the vehicle and the vehicle did not stop. The Complainant contacted the showroom service manager but the defect could not be rectified for which the Complainant is bearing irreparable loss.

Being harassed, this Complaint petition is filed before this Commission.

2. The Case of the Opposite Party  is that the Opposite Party appeared and submitted that the New TATA ACE bearing  Chasis No. MAT535001KZC19883 and Engine No.08LTDICRAIL08CPYS47720 was purchased by the Complainant and the vehicle was duly tested in the presence of the Complainant, found ok. The Complainant has been plying the vehicle since 24/04/2021. The Complainant has never Complaint of any type of engine defect and pick up problem. That, the Complainant besides taking the services of various replacement of the vehicle from unauthorized sources. The Complaint is not maintainable due to non joinder of necessary parties. That, after the warranty period on Dt. 29/04/2021 the Complainant for proper service had taken the vehicle to the showroom but the Complainant till date not repaired his vehicle  depositing the requisite amount nor tried to take back his vehicle.

The Complainant has suppressed the fails and the case needs to be dismissed with cost.

Perused the documents filed by the parties and following issues are framed.

Issue No.1.

            Whether the Opposite Party is deficient in its service.

Issue No.2.

            What relief the Complainant is entitled for ?

Issue No.1.

            The Complainant has purchased a ACE MEGA BS- IV from the Opposite Party on Dt. 24/04/2019 vide Registration No. OD-17-R-1775 having Insurance Certificate valid upto 10/05/2020. Some complication arised in the aforesaid vehicle for which the vehicle was kept in the show room of Opposite Party No.1.  On Dt. 28/04/2021, the Complainant paid Rs. 21,190.62/-(Rupees twenty one thousand one hundred ninety and sixty two paise)only for the charges of the vehicle on Dt. 28/04/2021, the Complainant after travelling found that the vehicle has not been properly repaired. The  vehicle is in the show room from 29/04/2021 till date being not repaired.

            The vehicles warranty period is over but as the vehicle was repaired on 28/04/2021 and on the way same day it again showed problems which reflects that the vehicle was not repaired properly.

Issue No.2.

            As discussed supra the Complainant is  entitled for relief claimed.

            Accordingly it is Ordered.

O R D E R

The Complaint is allowed on contest against Opposite party. The Opposite Party is  directed to repair the vehicle bearing Regd. No. OD-17-R-1775 and deliver it to the Complainant and the Opposite Party is directed to pay Rs.10,000/-(Rupees ten thousand)only towards mental harassment  and Rs.10,000/-(Rupees ten thousand)only towards litigation cost within 45 days of this Order.  Failing which  the entire Order will carry 18% interest P.A. till realization.

Order pronounced in open court on this 28^th day of  August  2023.

            Supply free copies to the parties.  

       Typed to my dictation

                                                                                            and corrected by me.                                                                                           

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.28/08/2023                                                                                  Dt.28/08/2023

              P r e s i d e n t                                                                                 M e m b e r (w)