Delhi

North East

CC/131/2016

Abhinav Sharma - Complainant(s)

Versus

Shiva Motors - Opp.Party(s)

09 May 2018

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. 131/16

In the matter of:

 

	Abhinav Sharma S/o Shri Jagdish Sharma R/o C-2/683, Harsh Vihar Delhi 110093			Complainant
	Versus
	Proprietor / Shri Praveen (Manager) Shiva Motors E-11, 100 Ft Road, West Jyoti Nagar Delhi 110094			Opposite Party
			DATE OF INSTITUTION:		20.05.2016
			RESERVED FOR ORDER:		08.05.2018
			DATE OF DECISION:		09.05.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

Order

 

 

1. Case of the complainant is that his father is a owner of a Yamaha motorcycle bearing no. DL5S AB 6801. The complainant was facing some spark plug problem in his aforementioned motorcycle and therefore he submitted his motorcycle with the OP2 which was authorized showroom / workshop of OP1 and OP2 issued a job card vide No. 60813 dated 08.05.2016 for a total estimate of repairs and parts etc to the tune of Rs. 900 after checking and inspecting the vehicle properly. Later, complainant received a phone call from the OP who told complainant that the brake shoe of the motorcycle are required to be replaced, which the complainant acceded but on the next day, the when complainant went to take his motorcycle, he was given a excessive bill of Rs. 1357/- vide invoice No. 18034 which was forcibly obtained by the OP from complainant despite resistance and raising objection by the complainant. It is further stated by the complainant that the said bill of Rs. 1357/- was wrongly calculated against right amount of Rs. 1334/- as per the heads given in the bill. However, despite repairs, the complainant found the same problem persisted in the motorcycle and even the situation was worst this time in the motorcycle. On complaint the same with the OP, the OP tried to make false excuses. Even OP started abusing the complainant filthy and misbehaved with complainant. Finding no other alternative, the complainant also made a call at 100 number to the police and made a written complaint against OP to P.S. Jyoti Nagar, Delhi on 12.05.2016. Further, complainant submitted that due to aforesaid dereliction of duty and failure and negligence to rectify the same/ repair the vehicle properly, the complainant has suffered irreparable loss.
2. Pleading deficiency on the part of OP, complainant has filed the present complaint and prayed to this Forum for issuance of directions to OP to complete repair work of motorcycle of the complainant free of cost in proper manner and to reimburse the difference amount of Rs. 457/- to the complainant charged in excess by the OPs from him and to pay Rs. 1,00,000/- to the complainant for mental pain and agony suffered by him alongwith Rs. 20,000/- towards litigation charges.
3. Notice was issued to the OPs and was served. AR for OP appeared on its behalf on 17.08.2016 but did not file any reply and none appeared on behalf of OPs thereafter. Hence, vide order dated 21.09.2016, OPs proceeded against ex parte.
4. Ex parte Affidavit of evidence and ex parte written arguments filed by the complainant on 18.10.2016 reiterating his grievance.
5. We have heard the arguments forwarded by the complainant and perused the documentary evidence placed on record.
6. Complainant has filed three documents in support of his case i.e. copy of police complaint annexed as Ex. CW1/A, the copy of invoice / bill dated 11.05.2016 annexed as Ex. CW1/B, the copy of job card dated 08.05.2016 annexed  as CW1/C. Perusal of Annexure CW1/A shows that it is a written complaint from complainant dated 12.05.16 to P.S. Jyoti Nagar, Delhi wherein complainant has lodged the complaint regarding misbehaviour of OP. Annexure CW1/B is a invoice vide no. 18034 dated 11.05.16 wherein total amount regarding repair of motor cycle has been shown as 1357/- instead of 1334/-, CW1/C is a job card vide No. 60813 in which estimate of repairs by OP to the complainant was given to the tune of Rs. 900/-.
7. On the basis of above observations we are of the view that though OP charged an amount of Rs. 1357/- as against estimate given for Rs. 900/- from complainant but it did not repair the motorcycle in question to the satisfaction of the complainant. Even written police complaint shows that OP also misbehaved with complainant. The complainant during the course of argument stated that the estimate bill was also given by OP to complainant after police intervention.
8. Hence, holding OPs guilty of deficiency of service and unfair trade practice, we direct OPs to repair the motor cycle to the satisfaction of complainant. Complainant is directed to take the subject motorcycle to the workshop of the OPs within 30 days of receipt of this order and OPs shall repair the same under issuance of proper jobcard to the complainant free of cost within 10 days of submission of the vehicle by the complainant in the workshop. We direct the OPs to refund / reimburse the difference amount of                    Rs. 457/- excessively charged by the OPs towards repairs. We also award compensation of Rs. 5,000/- towards mental agony and Rs. 2,000/- as cost of litigation to complainant payable by OPs within 30 days from the date of receipt of copy of this order, failing which OPs shall be liable to pay a sum of Rs. 7,457/- alongwith interest @ 9% on the total awarded amount i.e. Rs. 7,457/- from the date of this order till realization, in addition to repairing the subject motorcycle of the complainant free of cost as already directed within the time frame as mandated by this Forum.
9. Let this order be complied within 30 days on the receipt of this order.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
11. File be consigned to record room.

Announced on: - 09-05-2018

(N.K. Sharma)     President

(Sonica Mehrotra) Member

On Leave (Ravindra Shankar Nagar) Member