| Address: Rewari, Haryana, 123401 |
BEFORE THE DISTRCIT CONSUMER DISPUTE REDRESSAL FORUM, REWARI
CC no. _____of 2017
In The Matter of :
Sandeep Kumar S/o Rajsingh
V.P.O. Gudiani, Tehsil Kosli
District. Rewari ...…Complainant
Vs.
1. The Manager/Director
Virendra Automobiles
Authorised Dealer. Hero MotoCorp Ltd
Dharuhera Chowk, Rewari 123401
2. The Manager/Director
34, Community Centre, Basant Lok
Vasant Vihar, New Delhi. 110057
...Respondents
CONSUMER COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT, 1986
The Complainant Most Respectfully Showeth:
1. That the complainant is a law abiding citizen of India and is residing at the address as mentioned above.
2. That the respondents are running the business of selling Two Wheeler in the name and style of Hero MotoCorp Ltd.
3. That the complainant on 9th March 2017 contacted respondent no. 1 who is the authorised dealer of Hero MotoCorp. Ltd for purchasing a bike and after doing enquiry the complainant purchased a New HF Deluxe bike amounting to Rs. 48500/- with Engine no. HA11EPH9B14108 and Chasis No. MBLHAR057H9B20971 and got it registered through Registration Authority Kosli with Registration No. HR43C 8873.
4. That after 7 days or running the bike about 172 Km on 16/03/2017 due to some manufacturing fault the bike was not started and the complainant contacted the respondent no 1 and they collected the bike and told that there is some manufacturing defect in bike. The complainant asked the respondent to change the bike but the respondent given lame excuses and asked my client to collect the bike on 17/03/2017 after repairing the Head of the bike and assured my client that there will be no problem in future. On the assurance of the respondent my client collected the bike from respondent no. 1 vide invoice no.[protected]RINV[protected] dated 17/03/2017.
5. That after 20 days due to any fault the bike again stops starting in the middle of the market and after contacting again and again to respondent no. 1 an employee of the respondent no.1 came and repair or started the bike.
6. That again on 1/07/2017 the bike stopped starting. The complainant call the respondents and they told that they will come on Monday. On Monday the respondent didn’t reply satisfactory and after that the complainant loaded the bike in tempo and brings it to the agency of the respondent no. 1 and requested to change the bike or to refund the amount of the bike but the respondent didn’t take any heed to the request of the complainant.
7. That on 04/07/2017 the respondent no 1 asked my client to collect the bike after changing the Magnet coil and doing the Second free service. The complainant has no other option and collected the bike from the respondent.
8. That the Hero MotoCorp Ltd is giving 5years Warranty and the complainant had done all the services of the bike from the authorised representative i.e respondent no. 1. That the bike is having some manufacturing defect and it can not be repaired so the respondents are bound to change the bike.
9. That after these said episode, Complainant was frustrated and depressed and demanded either to refund her entire deposited amount i.e 48500 with an interest of 18% per annum and to change the bike.
10. That since then Complainant is continuously visiting the opposite party for refund of payment with interest or to change the bike But, neither the opposite party is refunding the amount nor changing the bike.
11. That the cause of action has arises on dated 16/03/2017, 01/07/2017 and on 04 July 2017 when the complainant denied for the refund and to change the bike hence the present complaint is within the prescribed period of limitation.
12. That the Ld. Forum has got the jurisdiction to adjudicate and decide the present complaint as the property and the Office of the respondent is situated in Rewari which comes within the territorial jurisdiction of this Ld. Forum.
13. That the respondents have inflicted enormous amount of mental agony and financial loss to the complainant.
14. That the requisite court of Rs. 100/- has been affixed.
PRAYER
It is therefore most respectfully prayed that-
a. The respondents be directed to refund the aforesaid amount of Rs. 48500/-with 18% interest or change the bike alongwith a compensation of Rs. 31000/- towards mental agony and Rs. 10000 towards cost of litigation.
c. Pass any other order which this forum deems fit.
Sir i am going to file this complaint after two days and also giving in press regarding this. If you can solve my problem plz reply soon
Hero MotoCorp customer support has been notified about the posted complaint.