Haryana

Kurukshetra

CC/318/2019

Vikas - Complainant(s)

Versus

VPS Motor - Opp.Party(s)

In Person

16 Oct 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.318 of 2019.

Date of Instt.:07.08.2019. 

                                                                       Date of Decision: 16.10.2019.

 

Vikas s/o Shri Ram Naresh, r/o H.No.4743/5, Shyam Colony, Thanesar, Distt. Kurukshetra. 

                                                                        …….Complainant.                                           Versus

 

1. V.P.S. Motors, Amin Road, Kurukshetra.
2. Head Office: Hero Motocorp. Ltd., 34, Community Centre, Basant Lok, Basant Vihar, New Delhi-110057.  

                ….…Opposite parties.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Sunil Mohan Trikha, Member.                                                   

Present:     Complainant in person.

Opposite parties ex-parte.

 

ORDER

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by the complainant Vikas against VPS Motors and other, the opposite parties.

2.             The brief facts of the complaint are that the complainant purchased a motorcycle Passion Pro from the OP No.1 in July 2018 for a sum of Rs.58,500/-. From the date of its purchase, the said motorcycle ridden properly for only two months and thereafter, its pickup falling down and its engine started giving noise. In this regard, he contacted the OP No.1 and clutch-plate of the motorcycle was changed by the agency. But inspite of that, the motorcycle was not riding properly. He lodged an online complaint with the OP No.1 and engineer from the company came and after inspection told that there is no defect in the motorcycle. After that, the motorcycle did not ride satisfactorily. On 20.03.2019, he again lodged complaint online with the head office on email delhi@heromotorop.com, but the said complaint was neither solved nor replied. He again sent an email to the company, but the same was also not replied. It is further averred that the complainant sent a written complaint to the head office of OPs and in reply to that, on 10.04.2019 he received a call at 12:22 from the head office from one Karnail having No.+911147619358, who misbehaved with him and told that they have no connection with the motorcycle in question and the complainant got repaired the same from anywhere. Till today, his motorcycle was not set right, due to which, he was facing lot of difficulties in day routine works. This way, the OPs are deficient in services. Hence, this complaint.

3.            Upon notice, none appeared on behalf of the OPs before this Forum, therefore, they were proceeded against ex-parte vide order dated 18.09.2019.

                It is pertinent to mention here that during the pendency of the complaint, the complainant moved an application for inspecting the motorcycle in question from the Government Agency, which was allowed vide order dated 18.9.2019 with the direction to the Principal, Government Polytechnic College, Ambala City, Haryana, to inspect the motorcycle in question. Accordingly, after inspection, the expert submitted its report dated 14.10.2019.

4.             The complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-8 and closed the evidence.

5.             We have heard the complainant and have perused the case file carefully.

6.             Admittedly, the complainant purchased a Hero Passion X-Pro (BHG) from the OP No.1 having Registration No.HR-07AA-3932 vide bill dated 22.07.2018 Ex.C-3 and Registration Certificate Ex.C-1 respectively. The grievance of the complainant is that after two months from purchase of said motorcycle, its pickup started falling down and engine started giving noise. Upon which, he contacted the OP No.1 and clutch-plate of the motorcycle was changed by the agency. But inspite of that, the motorcycle was not working properly. He lodged online complaints with the OP No.1 Ex.C-4 & Ex.C-5 as well as sent a written complaint to the head office of OPs Ex.C-7, but the OPs neither removed the defects of the motorcycle nor replaced the same with the new one. During the pendency of the case, the complainant moved an application to get the motorcycle inspect from Government Agency, which was allowed by this Forum vide its order dated 18.9.2019. Accordingly, Shri Ravinder Singh, Lecturer, Auto Engg, cum Technical Expert, Govt. Polytechnic, Ambala City was appointed as Local Commissioner, who after inspecting the motorcycle in question submitted his report Ex.C-8, whereby he has pointed out that:

1. Inspection of vehicle was carried out by driving skill in varying running conditions.
2. Engine running, noise & exhaust system were manually inspected at idle condition.
3. All parameters mentioned in above points were compared with other motorcycle of same make and model and it was concluded that there is a small lag in pickup of said vehicle.
4. In concrete it is submitted that there is no issue of big manufacturing defect instead of some defects i.e. faulty clutch plate or improper ignition timing etc.

 

7.             Perusal of said report of local commissioner Ex.C-8 clearly shows that the motorcycle in question was not working properly due to faulty clutch plate or improper ignition timing etc., so the motorcycle in question is having defect in it. To support his contention, the complainant produced his affidavit as Ex.CW1/A alongwith documents Ex.C-1 to Ex.C8, whereas, none of the OPs have appeared before this Forum to rebut the above-said version of the complainant and opted to be proceeded against ex-parte. So, the evidence adduced by the complainant goes unrebutted and unchallenged against OPs and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. In these facts and circumstances of the case, we are of the considered view that the motorcycle in question of the complainant became defective and the OPs have failed to resolve the grievances of the complainant in this regard. Hence, the OPs are deficient while rendering services to the complainant.   

8.             In view of the aforesaid discussion, we hereby allow the present complaint against the OPs and direct them in the following manner:-

1. To replace the defective motorcycle in question with the new one of the same model, as purchased by the complainant. If the OPs are not in position to replace the same, then refund the amount of Rs.58,500/-, i.e. the price of the motorcycle.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

 

                The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.       

Announced in open Forum:

Dt.:16.10.2019.                                                   (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.