By. Sri. K. Gheevarghese, President:
The complaint filed against the opposite party for defective bicycle sold to the complainant.
2. The complaint in brief is as follows:- The complainant purchased a bicycle from opposite party's shop paying Rs.840/- as the value of the bicycle. The bicycle was taken to home and on the very same day of purchase it is found not in a usable condition. The pedal was not moving to ride easily. The bicycle purchased by the complainant was taken to the opposite party's shop to get it repaired. The opposite party did something else in the bicycle and informed the complainant that it is repaired. But the repair done by the opposite party was not good enough to ride the bicycle easily. The defect continued to be intact. The complainant approached the opposite party again and demanded either the bicycle is to be exchanged with new one or the defect is to be rectified so as to enable the complainant's son to ride the bicycle. The opposite party was not ready to exchange the defective bicycle with a new one.
3. There may be an order directing the opposite party either to exchange the defective bicycle with a new one or to refund Rs.800/- the purchase price of the bicycle along with Rs.10,000/- as cost and compensation.
4. The opposite party is declared exparte.
5. Points in consideration are:-
1. Is there any unfair trade practice in the sale of the bicycle?
2. Relief and Cost.
6. Points No.1 and 2: The complainant filed proof affidavit and Ext.A1 document is also produced. Ext.A1 is the estimate given to the complainant dated 19.12.2011. The net total value of the item purchased by the complainant is Rs.800/-. The case of the complainant is that the bicycle purchased for his son is not in a playing condition. The defects noticed were informed to the opposite party but the opposite party is neither ready to rectify the defect nor in a position to substitute the defective bicycle with a new one. The notice sent to the opposite party is returned unclaimed and they are set exparte. In the absence of any adverse inferences we are inclined to consider that the bicycle purchased by the complainant is a defective one, which is either to be substituted with a new bicycle or to refund the purchase price Rs.800/- along with cost and compensation.
In the result the complaint is partly allowed. The opposite party is directed to exchange the defective bicycle with a new one to the complainant. In case if the opposite party not in a position to replace the bicycle of same brand and type with a new one, the opposite party is directed to refund Rs.800/- (Rupees Eight Hundred Only) to the complainant along with Rs.500/- (Rupees Five Hundred Only) towards cost and compensation. This is to be complied by the opposite party within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 18th February 2012.
Date of Filing:30.12.2011.
