Delhi

North East

CC/14/2019

Subodh Kant Rana - Complainant(s)

Versus

Rajindra Motors - Opp.Party(s)

07 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 14/19

 

In the matter of:

 

	Subodh Kant Rana S/o Sh. Mehander Singh Rana R/o H.No. 50, Old kardam Puri, Shahdara Delhi-110032	Complainant
	Versus
1.         2.	Rajindra Motors Through Its prop/director 969-E, 100 Foot Road, Babarpur, Shahdara, Delhi 110032   Rajindra Honda Through its prop/director A-17, DSIDC Industrial Complex, GT Road, Jhilmil, Delhi-110095	Opposite Parties

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                         DATE OF ORDER  :

25.01.19 17.08.22 07.10.22

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

 

 

      Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986

 

 

Case of the Complainant

1. The case of the complainant as revealed from the record is that the complainant purchased a motor cycle bearing no. DL-5S-BP-7070, Chassis no. ME4JC718BJT00-0948, Engine no. JC71ET3003322 on 18.03.18 from Opposite Party No.1. The Complainant stated that on 09.04.18 the Complainant  got his motor cycle serviced from Opposite Party No.2 and informed the Opposite Party no.2 i.e. there was problem in gear box, handle and meter and the same had to be changed but the Opposite Party No.2 had not changed the same. Again on 24.05.18 Complainant got serviced the said vehicle and informed the Opposite Party  No.2  about the problems in gear box handle and meter and requested it to change the same but Opposite Party No.2 did not change it. The Complainant stated that he met with an accident on 26.05.18 due to problem in gear box as it was jammed/block. On 11.08.18 the Complainant got the third service done of the said motorcycle and informed Opposite Party No.2 about the same problems occurring before and requested it to change the same but Opposite Party No.2 did not change them. On 31.10.18 at the fourth service, the Complainant informed Opposite Party No.2 about another problem of wire of clutch but Opposite Party No.2 did not change that also. The Complainant contacted Opposite Party No.2 several times to change the above said things of said motorcycle but Opposite Party No.2 did not give any satisfactory response to him. The Complainant stated that on 21.11.18 he gain met with an accident with his mother as pillion due to the above mentioned problems and sustained internal injuries in his body. On 03.12.18 the Complainant got his fifth service done of the said motor cycle and the problems remained as the same were earlier. The Complainant stated that on 06.12.18 the bike showed that same problem. On 07.12.18 the Complainant was travelling on his said bike the race of the said bike itself got high and low and the engine of the same was jam time to time due to which he got hit from other vehicle and sustained injuries in his leg and other internal injuries. When the Complainant was coming back to his house the same problem of race itself got high and low occurred again. On 10.12.18 the problems in the said vehicle increased as the vehicle was in 1^st gear but it could not run. The Complainant took the said vehicle to Opposite Party No.2 but the officials of Opposite Party No.2 made false excuses and returned the same to the Complainant. The Complainant also sent legal notice to Opposite Parties but no action was taken. The Complainant stated that after making several requests and demands Opposite Party No.2 deliberately or intentionally did not replace the parts of the said motorcycle. Hence this shows deficiency on the part of Opposite Parties. The Complainant has prayed for the direction to the Opposite Parties to give him new bike. He has also prayed for a compensation of Rs. 3,00,000/- along with interest @ 24 % p.a.  for mental harassment. He has prayed for Rs. 21,000/- on account of litigation expenses.
2. None has appeared on behalf of Opposite party No.1 and Opposite Party No.2 to contest the case despite service of notices on 10.05.19 and 09.05.19 respectively. Therefore, Opposite Party No.1 and Opposite Party No.2 were proceeded against Ex-parte vide order dated 27.08.19.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and conclusion

4. We have heard the Complainant and we have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that after the purchase of the motor cycle, some problems occurred regarding the running/functioning of the motor cycle. As per the case of Complainant, he requested the Opposite Party No.2 for rectifying the said defects, but the same was not done. The Complainant has supported his case by filing evidence by way of affidavit. On the other hand, the Opposite Parties did not contest the case and therefore the case of the Complainant has to be believed. In view of the facts and circumstances of the case, compensation of  Rs. 10,000/- is awarded to the Complainant to be paid by the Opposite Party No.2 along with interest @ 6 % p.a. from the date of filing the complaint till recovery. The Opposite Party No.2 shall pay an amount of Rs. 10,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.  
5. Order announced on 07.10.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President