D DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 25th day of April, 2024.
PRESENT :VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER. .
Date of filing: 18.08.2023
CC/214/2023
Jinil.K, S/o.Balan, - Complainant
Koonammare house, Kumbalachola village,
Mannarkkad Taluk, Pottasseri,.
(By Adv.T.Jugunu Mon)
Vs
Proprietor Runway Mobikes, -Opposite Party
Perinthalmanna Road,
Pattambi-679 303.
Authorised dealer Hero, Moto Corp Ltd,
State Code 32.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
On 01.12.2022, the complainant approached the opposite party for the repair of the engine oil part of Hero Honda Glammar Bike and paid Rs.9,650/- as the charge. After a few days on 23.01.2023, as the problem recurred, the complainant again approached the opposite party and got the defect rectified by paying Rs.413/-. As the problem continued, the opposite party did the rectification on 16.03.2023 charging Rs.1,458/- again on 20.04.2023 charging Rs.1,030/-. As the vehicle continued to have the same problem, the complainant sent registered notice to the opposite party for which the opposite party sent a reply denying all allegations.
Aggrieved by the negative approach of the opposite party, this complaint is filed seeking refund of Rs.12,641/- charged by the opposite party for repair along with a compensation of Rs.50,000/- and cost.
2. Notice was issued to the opposite party. It was returned with endorsement “not known”. Hence, notice was sent by E-mail which was delivered on 07.10.2023. As they failed to file version within the statutory period, they were set ex-parte.
3. Inspite of repeated opportunities given by this Commission, the complainant did not file proof affidavit or mark any documents as evidence. Hence, the evidence was closed and case was taken for the orders based on merit.
4. As per Section 38(6) of Consumer Protection Act, 2019, “Every complaint shall be heard by District Commission on the basis of affidavit and document evidence placed on record”.
5. Therefore, the complaint is dismissed. The complaint is not entitled to any reliefs.
Pronounced in open court on this the 25th day of April, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainants: NIL
Documents marked from the side of the opposite party: NIL
Cost : Nil
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure)Regulations, 2020 failing which they will be weeded out.
