DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.32 OF 2018
Akshaya Kumar Mahapatra,
S/O- Late Mukteswar Mahapatra,
RO: Qr. No.37/D VSS Nagar, Bundia Colony,
PO: R.Kudopali, PS: Brajrajnagar,
Dist: Jharsuguda, Odisha…………………………….…….……..……Complainant.
Versus
Vijayalaxmi Automobiles,
Prop. Arun Kumar Mundra,
AT: Bypass Road, Ekatali,
PS/Dist: Jharsuguda, Odisha……….…….…....…….…..…….………..Opp. Party.
Counsel for the Parties:-
For the Complainant S.N.Pasayat, Adv. & Associates.
For the Opp. Party J.M.Pious, Adv. & Associates.
Date of Order: 30.07.2018
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member(W).
Shri S. L. Behera, President: - Brief facts of this case is that the complainant, father of one Ashis Kumar Mahapatra, have purchased a Hero Honda H.F Motor Cycle bearing Chassis No. MBLHAR2315HC00127 and Engine No. HA11ENJHC00731 from O.P Vijayalaxmi Automobile, Ekatali,Jharsuguda on dt. 12.03.2018 for his son for Rs.54,558/- but alleges that the O.P did not provide vehicular documents i.e. R.C Book, Insurance copy etc. except Money Receipt dtd.12.03.2018, which is allege that on the same day of its purchase the complainant detected grate major sound from engine, when the complaint to the O.P it was replied that the checkup will be made at the time of servicing of the motor cycle. It is also allege that when the complainant visited the O.P on dtd. 14.03.2018 the O.P accepting its mistake and open the engine without the consent of the complainant. It is also allege by the complainant that he request to exchange the said motor cycle was turned down by the O.P, hence the complainant filed this case with a prayer for replacement of the motor cycle and for payment of compensation Rs.10,000/- only for mental agony caused by the O.P due to improper service.
The O.P. in its written version did not dispute the purchase of motor cycle from it on dtd.12.03.2018 but states that the vehicular documents i.e. R.C. Book had been received from concerned R.T.O through Postal Service and the complainant knowingly did not come forward to receive the insurance policy. The O.P has clearly denied that the motor cycle purchased by the complainant was having grate major sound problem in engine. The O.P also admitted that on dtd.14.03.2018 the complainant come to it’s concerned with a complaint of sound problem and the O.P with the consent of the complainant open the engine in presence of complainant wherein sound problem was detected which got repaired properly made the motor cycle upto date in good condition on dtd. 16.03.2018 but the complainant did not come to the O.P to take his motor cycle despite several telephonic message and intimation letter. The O.P’s claim is that as per terms and conditions of the Hero Motor Corporation, Goods Once Sold is not be returned or Exchange under any condition. Denying deficiency in service on its part the O.P sought for dismissal of the complaint.
Heard, perused the materials available on record. Purchase of Motor Cycle in question by the complainant from O.P on dtd. 12.03.2018 for Rs.54,558/- only is not disputed. Delivering of R.C Book and Insurance Policy excluding Money Receipt to the complainant had not been established due to lack of any documentary evidence. Denying sound problem of the motor cycle purchase in para-3 of the written version and subsequently admitting sound problem in the engine of the motor cycle on dtd. 14.03.2018 and the same was rectified on dtd. 16.03.2018, narrated in para-4 of the written version shows evil intention of the O.P. It is to be noted that the O.P in order to established its averment made in its written version fail to established the same due to non-filing of any evidence, more particularly documentary evidence. What we observe, the O.P has contested the case in mechanical manner without having any supportive evidence. On the other hand the complainant on spending of Rs.54,558/- only could not avail the enjoyment of having a motor cycle due to engine problem immediately after the purchase of the motor cycle and his case was taken by the O.P adamantly without rectification of the inherent defect satisfactorily and come with a plea that the motor cycle entrusted to it on dtd. 14.03.2018 is lying in its automobile centre after complete rectification of the defect for its delivery. What we find the case record in hand contain only the complaint petition, written version of the O.P including the Money Receipt for Rs.54,558/- only. Neither party have filed any evidence in shape of affidavit. However, when the O.P has inform to the Forum relating to readiness of the Motor Cycle after rectified the sound problem in good condition, we think wise to direct the O.P to handover the entrusted motor cycle of the complainant in good and road worthy condition, free from any defect on the body of the motor cycle to the complainant.
As the Motor Cycle cover warranty and defects in engine was detected immediately within two days of its purchase and when the Motor Cycle become defect free as per the version of the O.P, we direct the complainant to receive his motor cycle with defect free condition along with vehicular document, if not within seven days and the O.P is also directed to handover the motor cycle to the complainant on the same day of the complainant’s arrival and the motor cycle shall be defect free in any manner with the warranty card. No order as to compensation or cost.
Accordingly the case is disposed of.
Order pronounced in the open court today the 30th day of July’ 2018.Free copy of this order shall be supplied to the parties as per rule.
I Agree I Agree.
S.K.Ojha, Member A.Nanda, Member(W) S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
