L M L LIMITED Vs. PARVEEN KUMAR MITTAL

JUDGEMENT

(1.) This appeal has been directed by the respondents against order dated 28.10.2005 passed by Consumer Disputes Redressal Forum-II, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint was accepted and the appellants were directed to return the motorcycle in question in good working condition after repair, without claiming repair charges and further to pay Rs.20,000 as compensation for mental agony and harassment besides costs of litigation of Rs.2,500.

(2.) Briefly stated the facts are that the respondent (complainant) Sh. Parveen Kumar Mittal is a businessman residing at House No.3110, Sector-47-D, Chandigarh. He purchased the motorcycle model LML Freedom DX from Chandigarh Auto Care-appellant No.2 on 13.10.2003 for a sum of Rs.41,400 vide bill, whose photocopy is Annexure C-1. The services of the said motorcycle were done within time as per schedule in the rider's manual. The sixth service was done on 27.9.2004. Till then the motor bike was doing well. Copy of the service slip of 6th free service done by appellant No.2 is Annexure C-2.

(3.) It was next averred that the bike developed defect on 1.10.2004 as its engine ceased and as such it was given to appellant No.2 for repair on 1.10.2004 vide acknowledgement Annexure C-3. The bike was under warranty at that time. When he went to take the bike after 3-4 days, then he was told by the employees of appellant No.2 that he could take the bike back after paying a sum of Rs.6,000 as repair charges but he told them that since, bike was under warranty, so, he was not liable to pay any amount, but appellant No.2 refused to honour the warranty, as such he could not take the bike.