Content of the complaint petition is that complainant purchased a Motor Cycle on 2nd July, 2019 from showroom of respondent that is DURGA AUTO CENTRE at Malda at a Rs.82,596/- the model of the Motor Cycle is Glamour F-1, Variant - HGLRYGSSCF1, Color-PBM, Engine No.JA06EGK9C01824, Chassis No.MBLKGAW015K9. The said vehicle was registered by R.T.O. Malda on 19/07/2019 the vehicle is insured with I.C.I.C.I. Lombard Motor Insurance for the period of 06/07/2019 to 05/07/2024. But fact remained that the Motor Cycle was not running properly or not working as per specification given by the company and his authorized dealer i.e. OP. Thereafter it was taken for repair to the OP in the 1st week of July, 2019 but nothing was done by the OP who caused harassment and mental agony to the complainant. The OP is lawfully and jointly bound to provide assured services to the complainant regarding the purchase Motor Cycle which they neglected. Hence, the complainant has been suffering from huge pecuniary loss. This complainant took the Motor Cycle to the Ops workshop for repair immediately within a week of this order but all in vein. Hence, this complainant approach before this commission for relief as repairing or replace the vehicle. Complainant also prays Rs.50,000/- for litigation and other cost.
OP did not appear hence case was fixed as ex-party.
In order to substantiate the claim of complainant he examines himself and files the documents which mark as Exbt. 1 to 7.
Decision
This commission carefully perused all the ex-party oral evidence and document as file by.
From the document as file by, it is noticed from the order sheet of Consumer Affairs Department that OP was called for mediation and OP took the vehicle for repair but still then problem was not cured. Due to which complainant again came to this commission.
Now on perusal of receipt/ invoice of Motor Cycle we find warranty period of the Motor Cycle is five years and the date of non working of the Motor Cycle is within the warranty period.
Under such circumstances OP is directed to cure up the defect of the vehicle as find out or faced by the customer at a free of cost with proper receipt of repairing from the complainant. They must hand-over the vehicle at all-right condition overall.
Hence ordered
that, the complaint-petition is allowed with a direction to repair the vehicle at a free of cost within its warranty period. Further no order of any cost is being made.
Let a copy of judgment/final order be supplied to the party at a free of cost.
