JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          The complainant/respondent purchased a motorcycle manufactured by the petitioner No.1 company from respondent no. 2 New Vikas Automobiles on 25.04.2015.  The case of the complainant is that the aforesaid motorcycle suffered from manufacturing defects and therefore, started giving trouble soon after it was purchased.  His request for replacement of the motorcycle having not been acceded to, he approached the concerned District Forum by way of a consumer complaint. 

2.      The petitioner did not put an appearance before the District Forum and therefore, he was proceeded ex-parte.  The District Forum vide its order dated 03.12.2015, directed the petitioner to either replace the motorcycle of the complainant with a new motorcycle of a new model or to pay the sale price amounting to Rs.50,200/- which the complainant had paid for purchasing the said motorcycle, alongwith interest @ 9% per annum.  The complainant was also awarded a sum of Rs.10,000/- as compensation alongwith a sum of Rs.5,500/- as litigation expenses. 

3.      Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal.  The said appeal having been dismissed, the petitioner is before this Commission by way of this revision petition. 

4.      When this petition came up for hearing, the learned counsel for the petitioner stated on instructions that they were ready and willing to remove the defects if any found in the motorcycle in question if it was brought to their workshop and return the motorcycle alongwith a certificate from a qualified Automobile Engineer of the company certifying that the vehicle was free from any defect.  In view of the aforesaid statement, notice of the revision petition was issued to the complainant.  Vide order dated 13.04.2016, this Commission passed an order in terms of the statement which the learned counsel for the petitioner had made on 15.12.2016. 

The learned counsel for the petitioners states that the motorcycle was brought to the workshop in terms of the direction given by the Commission on 13.04.2016 and it was delivered back to the complainant after removing the defects and alongwith a certificate from the Automobile Engineer of the company certifying that the vehicle is roadworthy and free from any defect whatsoever.  In view of the petitioners having removed the defects in the motorcycle, the direction for its replacement or in the alternative, refund of the amount paid by the complainant for purchase of the motorcycle needs to be set aside. 

5.      However, the direction for payment of the compensation quantified at Rs.10,000/- for the mental agony caused to the complainant and payment of Rs.5,500/- as cost of litigation does not call for any interference by this Commission in exercise of its revisional jurisdiction.  The revision petition is therefore, disposed of by modifying the orders passed by the fora below to the extent that the petitioners need not replace the motorcycle in question or refund its sale consideration to the complainant but they shall pay the compensation of Rs.10,000/- awarded by the District Forum alongwith cost of litigation quantified at Rs.5,500/-, within four weeks from today.