Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund the price of aforesaid Bike i.e. 1,24,000/- along with 18% interest.
- To direct the opposite party to refund the amount paid for warranty i.e. 1,376/-.
- To direct the opposite parties to pay Rs. 3,50,000/- ( Rs. Three Lacks Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a motor cycle i.e. Royal Enfield Electra 350 which was registered as BR – 01BV – 2497 from opposite party vide delivery receipt containing in annexure – A.
The grievance of the complainant is that after purchase of aforesaid motor cycle there was troublesome noise in the engine. The complainant thereafter visited the showroom to rectify the defect on several dates but no action was taken. The bike was under warranty period for 1 year but the opposite party has charged Rs. 13,076/- on 01.04.2014. the complainant again found the same defect and when despite his best effort the opposite party did not take proper action in redressal of his grievance then he sent legal notice to the opposite party as will appear from annexure – B.
From the record it transpires that when the registered notice sent to the opposite party did not returned unserved then vide order dated 25.04.2016 the valid tamila was declared.
On behalf of complainant a separate affidavit has also been filed stating that he has purchased the aforesaid motor cycle for Rs. 1,24,000/- but the original receipt is missing or lost.
It goes without saying that as the complainant has stated the aforementioned fact on affidavit in his complaint and there is no counter version of opposite party hence we have no option but to accept the fact stated by complainant on solemn affirmation which clearly disclose deficiency on the part of opposite party.
Hence we direct the opposite party to return Rs. 1,24,000/- ( Rs. One Lack Twenty Four Thousand only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party will pay 10% interest on the above said amount of Rs. 1,24,000/- ( Rs. One Lack Twenty Four Thousand only ) till its final payment.
The complainant is also directed to return the motor cycle to the opposite party at the time of receiving the aforesaid amount i.e. Rs. 1,24,000/- ( Rs. One Lack Twenty Four Thousand only ) from opposite party if the same is in his possession.
Opposite party is further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
