Adv. For the Complainant: - Self

        Adv. For O.P                         :-  Sri A.K.Mishra  & others

        Date  of filing of the Case  :- 08.07.2019

        Date of Order                       :- 12.02.2020

        JUDGMENT

        Sri A.K.Purohit, President

1.         Both the complainants have preferred this case jointly. Since the complainant No. 2 is the beneficiary and using the vehicle he has joined along with complainant No.1. The case of the complainant is that, the complainant No. 1 had purchased a Royal Enfield motorcycle bearing registration No. OD-3-L-1616 from the O.P. No. 3 on dated 14.5.18 for a consideration of Rs. 134358.72p. vide tax invoice No. INV5459181900089. The said vehicle is warranted for a period of two years. After purchase the complainant availed the free services and during last free service the complainant found defect in the chain sprocket of the vehicle which cannot be corrected by the O.Ps. till the next paid service. Hence the complainant found it to be a manufacturing defect requested the O.Ps. for its replacement, but the O.Ps. have not taken any step for replacement . Lastly on dated 6.6.19 the complainant send a pleader notice requesting

                                                                 -2-

the O.Ps. for replacement of the defective part of the vehicle, but the O.Ps. have did not listen to the same. Hence the complaint.

2.          Although notice has been served on O.P.1 he neither appears nor has proceeded with the case and hence he was set experte vide order dated 30.9.19. After notice O.P.2 appears but did not choose to file version and was set experte vide order dated 5.12.19. O.P.3 contested the case by filing his written version. According to O.P.3 the chain sprocket is not covered with the warranty and hence the same has not been replaced free of cost. The O.P. 3 denied all the allegations of the complainant.

3.          Heard the complainant No. 2 who is present in the Forum. Perused the written version and material available on record. Purchase of the vehicle from the authorized dealer O.P.3 has not been disputed. O.P. 3 has also not disputed the payment of consideration money. With these admitted facts the only point for consideration is whether the chain sprocket of the complainants vehicle was covered with warranty or not and whether the O.Ps. are liable to replace the same or not.

4.               Perused the documentary evidence available on record. It is a fact that, the complainant had purchased a Royal Enfield Classic 350 silver BS iv motorcycle from the O.P.3 on dated 14.5.18 and paid the consideration amount of Rs. 134358.72 vide invoice No. INV5459181900089. It is also seen from the warranty conditions that the defective part of the vehicle is warranted for a period of 2 years or 30000 kms from the date of sale. The complainant admitted that he had avail all the free services and at the time of last free service he found defect in the chain sprocket which cannot be repaired till paid service. It is also seen from the report of the mechanic filed by the complainant that the defective chain sprocket is not repairable. In his written version the O.P.3 has also not disputed the defect in the chain sprocket and simply submitted that the said part is not covered with the warranty. The O.Ps. have also not produced the Job card or any other evidence to show that they are not deficient in providing service to the complainant’s vehicle. Therefore it is believed that during warranty period the chain sprocket of the complainants’ vehicle was defective which cannot be repairable and the O.Ps. have not provided any service for replacement of the defective part.

5.             A chain and sprocket drive is a type of power transmission in which a roller chain engages with two or more toothed wheels or sprockets used in engines as a drive from crank shaft to camshaft. Therefore the sprocket is an important part of the vehicle which as per the warranty conditions is replaceable which has not been done by the O.Ps. This act of the O.Ps. amounts to deficiency in service on their part. Hence order:-

                                                           -3-

                                                                      O R D E R

    The O.Ps. are directed to replace the chain sprocket of the complainant’s vehicle bearing registration No. OD-03-L-1616 along with extended warranty within one month from the date of receipt of this order. There shall be no order as to cost.

Pronounced in the open Forum  to-day the  12^th day of February’2020.

                                Sd/-                                                                                                                       Sd/-

                             (S.Rath)                                                                                                          (A.K.Purohit)  

                            MEMBER.                                                                                                          PRESIDENT