O  R  D  E  R

(By Sri S. Bhaskararao, Member on behalf of the Bench)

Seeking a direction for refund of the amount paid by him for purchasing two wheeler or alternatively directing the opposite parties to provide rectify noise in chain and also damages and costs, the complainant filed this complaint against the opposite parties.

2.         According to him he purchased a two wheeler Mahindra Centuro BSIII from 1^st respondent on 10-9-13 under invoice No.3/38 bearing Engine No.UPEDGO16755.  The said vehicle is Black in colour.  The same is registered as AP05 CK 4898.  The complaint says that 2^nd respondent is the Head Office for 1^st respondent.  1^st respondent collected Rs. 56,300/- to deliver the vehicle along with engine plate and side ring.  The 3^rd respondent is the Head Office for Mahindra Two wheelers.

3.         According to the complainant that after one month, the said vehicle was giving rough noise in the chain.  Then complainant approached 1^st respondent and got 1^st servicing.  Even then, the said problem was not rectified.  Then the complainant approached customer Care through Net and gave complaint on 26.11.13.  Inspite of it no body approached complainant nor directed for rectification of the said noise in the chain.  After about a week complainant was asked to come to 2^nd respondent, technician at 2^nd respondent’s show room and replaced a coil in the vehicle.  After a week problem repeated and caused a lot of mental agony to the complainant. Mr. Sudarsan, Company Service Engineer from Visakhapatnam contacted the complainant and asked him to come to show room of 1^st respondent.  The said Engineer test raided the vehicle and rectified the problem.  After three days the same complaint was repeated.  After three days complainant approached show room of 1^st respondent for rectification of the said problem.  The technician at the showroom of 1^st respondent made the chain loose.  After three days the said complaint was repeated.  Inspite of it there was no change in the sound of the chain.  The Service Engineer of Visakhapatnam also assured to replace the said vehicle with a new vehicle as there is a guarantee of 5 years for the said two wheeler.

4.         The complainant claims that he is working as a computer faculty in private school and he is not able get leave to contact the respondents again and again to meet the technicians at the show room of respondents No.1 and 2.  On 25-12-13 the complainant approached 1^st respondent to rectify the problem then the technician at 1^st respondent replaced chain box.  The problem again took place within three days.  The complainant is suffering from lot of mental agony as the respondents No.1 and 2 failed to rectify the problem inspite of repeated requests and visiting the show room again and again.

5.         The complainant got issued legal notice dt.29-01-2014 to 1^st and 2^nd respondent, they received the same and kept quiet.  The complainant also lodged complaint in customer care of respondent’s company bearing No.ID 16496 Dt.10.3.14.  The complainant again on 19.3.14 issued a legal notice to all the respondents, reiterating the above facts and demanded them to pay Rs.25,000/- towards compensation and mental agony.

4.         In order to prove the case of the complainant, his affidavit has been filed and Exs. A1 and A9 have been got marked.

5.         Heard the complainant.

6.         Now the points for determination are :

1. Whether there is any deficiency of service on the part of the opposite parties?
2. If so, whether the complainant is entitled for the amounts sought by him in the complaint?
3. What relief?   

6.         Point 1:The complainant to substantiate his case filed his chief affidavit and got marked the receipt issued by the 2^nd opposite party as Ex.A1 to Ex.A9. The chief affidavit and documents show deficiency of service on the part of the opposite parties.  Hence this point is answered accordingly.                       

7.         In the result, the opposite parties are directed to rectify noise in the chain and further directed to pay the complainant an amount of Rs.2,000/-(Rupees Two thousand only) towards mental agony and cost of litigation Rs.1,000/-(Rupees One thousand only).  The opposite parties are jointly pay the complainant the said amount within one month from the date of this order or otherwise the opposite parties are directed to pay interest @ 9% on Rs.3,000/- (Rupees Three thousand only) from the date of this order till the date of realization.

Typed by the steno, corrected and pronounced by us, in open Forum, this the 28^th day of January, 2015.

     Sd/- xxxx                                                                                                     Sd/- xxxxxxx

     MEMBER                                                                                                   PRESIDENT

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For complainant : 

Sri Yamana Posi Kumar Goud [Complainant]

For opposite parties :  None

DOCUMENTS MARKED

For complainant:-

Ex.A1 10.09.2013                 Invoice No.3/38 issued by No.1 with stamp and seal of 2^nd respondent (Original)

Ex.A2                                  Motor Vehicle Insurance Cover Note

Ex.A3 29.01.2014                 Legal Notice got issued by complainant to respondents No.1 and 2 (original]

Ex.A4                                  Acknowledgement of 1^st respondent  (Original)

Ex.A5                                  Acknowledgement of 2nd respondent  (Original)

Ex.A6  19.03.2014                Legal Notice got issued by complainant to respondents(original)

Ex.A7                                  Acknowledgement of 1^st respondent (Original)

Ex.A8  03.04.2014                Reply notice by 2^nd respondent  (Original)

Ex.A9  02.04.2014                Reply notice by 3^rd respondent(Original).

For opposite parties:-       Nil

Sd/- xxxx                                                                                                          Sd/- xxxxxxx

MEMBER                                                                                                         PRESIDENT