Orissa

Debagarh

CC/16/2016

Kshetrabasi Pradhan, aged about 34 years, S/O- Ganeswar Pradhan - Complainant(s)

Versus

The Proprietor, Sri Guru Motors. - Opp.Party(s)

Sudhansu Dwibedy, Dibyasankar Diwbedy

01 Mar 2017

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,DEOGARH.

C.C.NO.16/2016.

Sri Kshetrabasi Pradhan,aged about 34 Yrs,

S/O- Ganeswar Pradhan,

R/O. Dasagharia, Post/- Reamal,

Duist/-Deogarh.                                                                                ….                     Complainant.

                                                                        Versus

1. The Proprietor,

          Sri Guru Motors,

           At/Po-Reamal, Dist-Deogarh.

2. The Branch Manager,

          I.C.I.C.I. Lambard Motors Insurance Co.Ltd.,

          2^nd fllor, Balaji Towers, Plot No-204/3644,

          G.M. College Road

          Sambalpur-768001.                                                  ….                                 Opp.Parties.

 

For the Complainant: Sudhanshu Ku. Dwibedy and Dibyashankar Dwibedy, Advs.

For the Opp.Party No.1: R.K. Sahoo, R.K. Pradhan, S.K. Biswal & T. Dhal, Advs.

For the Opp.Party No. 2: B.K. Purohit & R.L. Pradhan ,Advs.                                                                                  

            Date of Hearing: 20.02.2017, Date of Order:01.03.2017.

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that the complainant had purchased one Hero Super Splendor Motor Cycle bearing Chassis No.MBJA05EM9F01361 and Engine  No.JA05ECF9F18684 having Colour GBK Key No.1405 from  the O.P.No.1 on dtd.13.12.2015. The complainant has paid Rs.55,134/-  as the consideration amount to the O.P.No.1 vide M.R.No.263 dtd.13.12.2015. After that the motor cycle has been registered with Registering Authority, Deogarh vide Regd.No.OD28-4471 .That, the said motor cycle is under warranty period of three years from the date of purchase and any defects occurring within the period will be rectified promptly and free of costs. After passing of three days the complainant has faced on problem like Carbon emitting   and mobil  leakage from the engine . The complainant brought this matter to the notice of O.P.no.1 for rectification of the defects and the O.P.No.1 assured the complainant that the problem will be solved in first or second servicing. But the problem never ended but continued long period .Again the complainant made contact  with the O.P;.No.1 regarding the mobil leakage and carbon emitting  from the motor cycle and forced the O.P.No.1  to change the head block piston of the said motor cycle to stop mobile leakage and all other problem . During the 1^st servicing the O.P.No.1 was agreed to replace the block piston and head of the motor cycle but the O.P.No.1 could not keep his word. During the period of 1^st servicing the O.P.No.1 could manage to stop the carbon emitting from the motor cycle of the complainant any way. But could not succeed to stop mobil leakage, thereafter the O.P again given commitment to replace the block piston and head at the second servicing as the motor cycle is in warranty period. But till today the O.P.No.1 neither replaced the same nor managed to stop mobil leakage ,Hence being aggrieved by this the complainant has rightly knock the door for availing justice .

                        That, after receiving the notice O.P.no.1 filed his version before this forum but O.P.No.2 remained silent so made ex-parte. That, O.P.No.1 in his version totally denied all the allegations framed against him by the complainant regarding the problems of carbon emitting   mobil leakage from the engine. Also he pleaded that the motor cycle was at perfect running condition at the time of delivery .The minor defects of the motor cycle of the complainant was rectified by the O.P.No.1 free of costs of the satisfaction of the complainant .He also denied regarding the matter of commitment made to the complainant for the replacement of block piston and head of the defective motor cycle. Also the O.P.No.1 made allegation against the complainant that the complainant has done the free servicing no.2,3, and 4 in other work shop but not in the O.P.No.1 servicing centre , hence lack of direct knowledge is pleaded by the O.P.no.1.Again the O.P.no.1 made allegation on the complainant for not following the guidelines made in the service book relating to handling and maintenance of the said motor cycle in question . So, the O.P.No.1 denied to have any responsibilities towards the mal-functioning of the motor cycle which has been sold to the complainant.  

                        After going through the above discussion it can be drawn that the complainant has never made any mistake and followed any carelessness regarding the maintenance and handling of the said motor cycle during the period of his personal use. Rather he got the motor cycle servicing in proper time but in various places by the direction of the O.P.no.1 after O.P.no.1 has failed to remove the defects of the complainant after 1^st servicing .So the responsibility of O.P.no.1 for proper service without negligence is expected is genuine. Here it is clear that to avoid the burden of responsibility the O.P.No.1 has neglected the complainant, hence deficiency in service U/S.2(1)(g)  has been observed on the part of the O.P.no.1.Hence, the O.P.No.1 is liable to pay compensation as per the order as follows :

                                                            ORDER.

            The complaint petition is allowed in favour of the complainant and the O.P.no.1 is directed to replace the block piston, head and all related parts to check mobil leakage  from  the above noted motor cycle within 15 (Fifteen) days from receipt of this order and further directed to pay a sum of Rs.5,000/- (Rupees five thousand)only as compensation, Rs.3,000/- (Rupees three thousand) only towards mental agony and pain, Rs.2,000/- (Rupees two thousand) only for litigation expenses , which will be pay within 30 days from the receipt of this order, failing which interest @ 9% p.a will be paid to the complainant for the delay in complying of this order .

            Office is directed to supply the first copies of the order to the parties free of costs receiving acknowledgement of the receipt thereof.

            Order pronounced in the open court today i.e. on 1^st day of March,2017 under my hand  and seal of this forum.

I   agree,                                            I  agree.

 

MEMBER.                                            MEMBER.                                            PRESIDENT.

 

            Dictated and Corrected

                        by me.

 

           

                        PRESIDENT.