MR. PRAVAT KUMAR PADHI, PRESIDENT :-
The Complainant has filed this C.C.Case No. 41/2022 U/s-35 of C.P.Act, 2019 seeking a direction following relief:-
“Hon’ble Commission directed to the Ops to remove the defects or replace the vehicle and award Rs. 1,50,000/- for compensation towards the mental agony and harassment alongwith Rs. 20,000/- towards litigation cost”.
Brief fact of the case is that complainant has purchased one Auto vide Model APE XTRA LDX + (BS-VI) having is Engine No. SIB9152965 & Chasis No. MBX006EBZB086604. The Complainant also paid the installment to the Financer Company regularly. After some days complainant found that some technical/mechanical defects have arose in the same vehicle. Then Complainant intimated to the Op No.1 and Op No.1 kept the same defect vehicle for repairing for some days. After 4-5 days the Op-1 further called & handed over the vehicle to the complainant. Again the Vehicle shown some mechanical defect and not in a condition to ply on the road. Complainant intimated, request and approach to the Op No.1 several time but Op No.1 denied to remove the defect in the same vehicle for which the cause of action arose to file C.C.Case.
Notice was sent to Ops by Regd. Post on dt. 30.08.2022 but nobody appeared for Ops. Complainant is also absent regularly since 29.11.2022 & were set ex-parte on dt. 07.11.2023. Complainant has filed the consumer complaint after 1& ½ years of purchase without enclosing the warranty card.
Though the complainant has alleged many things in the C.C. but there is not a single paper in support of his complaint except the bills dt. 30.03.2021. There is no evidence regarding the allegations made in the C.C.Case in support of his claim. In such situation we would have dismissed the consumer complaint but keeping in view the benevolent provisions of the Act in support of consumers we direct that complainant shall produce/ take the vehicle to the workshop of Ops and Ops shall repair the vehicle without taking any service charge but Complainant shall pay the cost of the parts to be used in the vehicle and Ops shall give 3 months free service after repairing. With the aforesaid observation and direction the C.C.Case No. 41/2022 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 6th day of December,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
