First Appeal No. 178 of 2014. Case: Markanda Auto Agency Vs Jasvinder Singh. Himachal Pradesh State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 178 of 2014 |
| Counsel | For Appellant: Abhishek, Advocate and For Respondents: Authorised Representative |
| Judges | Nawab Singh, J. (President) and B.M. Bedi, Member (J) |
| Issue | Consumer Protection Act, 1986 - Section 12; Indian Penal Code 1860, (IPC) - Section 379 |
| Citation | III (2014) CPJ 87 (Har.) |
| Judgement Date | May 30, 2014 |
| Court | Himachal Pradesh State Consumer Disputes Redressal Commission |
Order:
Nawab Singh, J. (President)
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Jasvinder Singh-respondent (complainant) purchased a motorcycle of Bajaj Platina make bearing Chassis No. MD2DDDZZZ UPC-79617 Engine No. DZUBUC 84445 from 'Markanda Auto Agency, Shahabad (M) -opposite party No. 1, District Kurukshetra, authorized dealer of Bajaj Auto Limited-opposite party No. 2, vide Invoice (Annexure-A) dated June 29th, 2011. The respondent-complainant applied for registration of the motorcycle before the Registering Authority, Shahabad. The Registering Authority sought the report from State Crime Records Bureau (Haryana), Madhuban, Karnal (for short 'State Crime Records Bureau'). Vide report (Annexure-B) dated May 7th, 2013, State Crime Records Bureau stated that a motorcycle bearing registration No. DL-4S-BN-4831, Chassis No. 62923 and Engine No. 84445, was stolen and F.I.R. No. 0113 (Annexure-C) under Section 379, I.P.C. was registered on July 14th, 2011 in Police Station, Baba Haridas Nagar, South West District, Delhi. So, the motorcycle of the complainant was not registered by the Registering Authority, Shahabad.
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He filed complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties before District Consumer Disputes Redressal Forum (for short 'District Forum'), Kurukshetra.
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The District Forum accepted the complaint by observing as under:
.......we accept the present complaint and direct the OPs to replace the motorcycle of the complainant with a new one of the same make on production of the motorcycle in question within 30 days from this order. It is made clear that OPs will not charge any amount from the complainant for replacement of the motorcycle if now the price of motorcycle of same make stands hiked. We further direct the OPs to pay a sum of Rs. 5,000 as compensation to the complainant within 30 days for harassment and deficiency in service on their part.
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Aggrieved of the order of the District Forum, the opposite parties have filed the instant appeal before this Commission.
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The only question arising for consideration is as to whether the motorcycle bearing No. DL-4S-BN-4831, Chassis No. 62923 and Engine No. 84445, owned by one Sh. Birbal Yadav, has got any relevancy with the motorcycle purchased by Jasvinder Singh or not.
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The answer to the question posed is in negative. The chassis number and engine number of...
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