Date of filing : 21-10-2013
Date of order : 29-03-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.241/2013
Dated this, the 29th day of March 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Christhu Prakash.D.R., : Complainant
S/o.Ramani, Nandanam Quarters,
Shivapuram, Po.Perumbala, Kasaragod.Dt.
Pibn. 671317.
(In Person)
Show Room Manager, : Opposite party
Sales Bajaj Limited, Chandragiri Road,
Kasaragod.
(Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL,MEMBER
The gist of the complainant’s case is that the complainant purchased a Bajaj Discover 125 Bike from the opposite party on 10-05-2013 bearing Register No.Kl-14/N-2835 by making payment of an amount of Rs. 28,318/- by cash and Rs.37000/- by way of loan on the basis of an agent to pay monthly instalment of Rs.1426/- per month for 36 months. The complainant is eaking his livelihood by doing tiles work and he had purchased bike with an intention for his smooth functioning. But within one week itself the bike got damaged and on several occasions and most of the time he kept it in service centre due to many complaints. Many occasions several spare parts were replaced by the complainant. Due to the damage of the vehicle the complainant had great mental pain and agony and hence the complaint alleging deficiency of service from the opposite party.
2. Notice was issued to the opposite party and eventhough it was served on him, he remained absent and name of the opposite party was called and set exparte.
3. The complainant was examined as PW1 and though him Exts A1 to A7 were marked. On the basis of Ext.A1, the complainant proved that he is the R.C. Owner of the vehicle bearing Reg.No. KL-14- N /2835 and Ext.A2 is the monthly instalment payment book which shows that the vehicle was purchased by availing loan and Ext.A4 to A7 are the important documents that would definitely go to show that the bike was having many defects and kept for repairing in service station that too Ext.A4 clearly shows that it was dated 10-06-2013 that means within one month itself. The complainant being a tile worker who has purchased the vehicle with an expectation that it would be convenient for him to reach at his work place in time and for the smooth functioning of his duty and moreover, the complainant and without any fail from his side paid 9 instalments that is Rs.12,870/-. But contrary to his expectation he had real bitter experiences due to the defective vehicle. Therefore the vehicle has became a burden for him instead of an asset and hence he prayed for an exchange of vehicle or return of its prices including compensation for his mental agony and cost of the case.
4. While considering the facts of the case we are of the opinion that the complainant is entitled for an amount of Rs.70,318/- being the price for the bike including the expenses like registration charge, Road tax and insurance and to pay an amount of Rs.20,000/- as compensation for deficiency in service from the side of the opposite party and Rs.3,000/- as the cost of this proceedings.
Therefore the complaint is allowed directing the opposite party to pay Rs.70,318/- being the price of the bike by taking back the bike from complainant and opposite party is further directed to pay Rs.20,000/- towards compensation for mental agony and sufferings and Rs.3000/- as cost of the proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of order failing which opposite party is directed to pay interest @ 9% for Rs.70,318/- from the date of order till the actual payment. And complainant is further directed to clear the loan dues directly.
MEMBER MEMBER PRESIDENT
Exts.
A1.Photocopy of RC. KL-14-N-2835
A2. Photocopy of Monthly Instalment Payment BOOk.
A3. Photocopy of Motor Vehicle Insurance Cover Note.
A4. To A7 Photocopy of Customer information
PW1.Christhu Prakash.D.R.
MEMBER MEMBER PRESIDENT
Pj/
