BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.
Complaint No. 113 of 2015
Date of institution:-1.9.2015
Date of decision:-22.3.2016
Punit Sharma s/o Ramesh Sharma r/o house No.927/14, Shilapati Mohalla near Dakhania Mandir, District Jind.
..Complainant.
Versus
- Shivalik Auto Mobiles Safidon road Jind through its authorized signatory Sh. Harish Kumar.
- Mahindra two wheelers limited plot No.2 Industrial no.1 Mhow-Neemuch road Pitampura, District Dhar-454774 (M.P) through its Managing Director.
…Opposite parties.
Complaint under section 12 of
Consumer Protection Act, 1986.
Before: Smt. Bimla Sheokand, Presiding Member.
Sh. Mahinder Kumar Khurana, Member.
Present:- Sh. Sorav Sharma, Adv. for the complainant.
Opposite parties already ex-parte.
Order:-
In nutshell, the facts of the complaint are that the complainant had purchased Mahindra Centuro motor-cycle bearing registration No.HR31J-6381 for a sum of Rs.46,490/- vide invoice No.20 dated 30.4.2014 from opposite party No.1 and paid a sum of Rs.1280/- as insurance charges. The opposite parties have given two
Punit Sharma Vs. Shivalik Automobiles etc.
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years warranty of the above said motor-cycle. The motor-cycle is defective from the date of its purchase. The opposite parties have given the assurance that the motor-cycle will give the mileage of 80/85 Km per litre petrol but the motor-cycle has given mileage of 30 KM per litre which is due to manufacturing defect. The problem of the motor-cycle could not be solved as already opposite party No.1 tried to repair the same and has stated that the vehicle is having some manufacturing defect. The complainant served a legal notice dated 24.6.2015 upon the opposite parties but all in vain. Deficiency in service on the part of the opposite parties is alleged. It is prayed that the complaint be accepted and opposite parties be directed to replace the motor-cycle with new one or to pay the cost of motor-cycle i.e. Rs.46490/-, a sum of Rs.45,000/- as compensation on account of mental pain and agony as well as to pay a sum of Rs.5,000/- as litigation expenses to the complainant.
2. The opposite parties were proceeded against ex-parte vide order of this Forum dated 26.11.2015.
3. In ex-parte evidence, the complainant has produced his own affidavit Ex. C-1, copy of cash memo Ex. C-2, copy of legal notice dated 26.6.2015 Ex. C-3, postal receipt Ex. C-4, copy of RC Ex. C-5 and copy of receipt Ex. C-6 and closed the evidence.
4. We have heard the Ld. Counsel of the complainant and perused the record placed on file. The opposite parties are already ex-parte. The complainant purchased motor-cycle Mahindra Centuro from the opposite parties by paying an amount of Rs.46490/- and got it
Punit Sharma Vs. Shivalik Automobiles etc.
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registered as registration number HR31J-6381. From very beginning the motor-cycle started giving trouble and the opposite parties were not able to remove the defects of the said motor-cycle as claimed by the complainant. The Ld. Counsel of the complainant also argued that the opposite parties had claimed the average of 80Km/litre but the motor-cycle has given only 30Km/litre of petrol. The Ld. Counsel of the complainant averred that the defects of the said motor-cycle have never been removed.
5. We are of the considered view that there has been deficiency in service on the part of the opposite parties. Accordingly, the complaint is allowed and the opposite parties are directed to replace the motor-cycle with new one of the same model. The opposite parties will also pay a sum of Rs.2100/- as litigation expenses to the complainant. The order be complianced within one month from the date of order. The copies of order be supplied to the parties under the rule. File be consigned to the record-room after due compliance.
Announced on: 22.3.2016
Presiding Member,
Member District Consumer Disputes Redressal Forum, Jind
Punit Sharma Vs. Shivalik Automobiles etc.
Present:- Sh. Sorav Sharma, Adv. for the complainant.
Opposite parties already ex-parte.
Arguments heard. To come up on 22.3.2016 for orders.
Presiding Member,
Member DCDRF, Jind
17.3.2016
Present:- Sh. Sorav Sharma, Adv. for the complainant.
Opposite parties already ex-parte.
Order announced. Vide our separate order of the even date, the complaint is Allowed. File be consigned to the record room after due compliance.
Presiding Member,
Member DCDRF, Jind
22.3.2016
