District : South 24 Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
Parganas.
M.A. no. of 2015,
{ Arising out of C.C.
no. 106 of 2015 }
In the
matter of :
Smt. Rikta Halder,
Wife of Shri Ardhendu Halder, residing at 5 No. Beniabati, Post Office –
Rajarampur, Police Station - Falta, District – South 24 Parganas, Pin - 743504.
______Petitioner
/ Complainant.
-
Versus
–
1. M/s. Future Automobile Agency
Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114.
2. M/s. Eicher Motors Limited,
102, Industrial Area No.1, SEZ, Pitampura, District Dhar, Madhya Pradesh, PIN –
454775.
3. M/s. VE Commercial Vehicles
Limited, having Registered Office at 3rd Floor, Select Cotywalk,
A-3, District Centre, Saket, New Delhi – 110 017.
4. UCO Bank, Diamond Harbour
Branch, Main Road, Diamond Harbour, District – South 24 Parganas, Pin - 743331.
________
Respondents / Opposite Parties.
Petition
for Expert opinion and or test report on Engine of Vehicle by Automobile Expert
The humble petition
of the above named petitioner / Complainant, most
respectfully;
Sheweth
as under :
1.
That
the Petitioner / Complainant made an application under Section 12 of the
Consumer Protection Act’ 1986, against the Respondents / Opposite Parties.
2.
That
the petitioner is not able to run the bus only due to manufacturing defects as
owing in engine of the bus on several occasions occurred and such defects
continued and the said engine go out of order and not worked properly.
3.
That
the necessary facts are as below :
a) That the Petitioner purchased
one Eicher model no. 11.12K F/L CWC BSIII, Chassis No. MC260 KRTODB080332, and
Engine No. E – 483CDDB604848, from M/s. Future Automobile Agency Private
Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114, through
Bank Finance, from UCO Bank, Diamond Harbour Branch, Main Road, Diamond
Harbour, District – South 24 Parganas, Pin - 743331, and get delivery of such
Chassis and Engine, as on 11-04-2013.
b) That after the delivery of
Eicher model no. 11.12K F/L CWC BSIII, Chassis No. MC260 KRTODB080332, and
Engine No. E – 483CDDB604848, from M/s. Future Automobile Agency Private
Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114, on 12-04-2013, your petitioner arranged for
construction of 50+1 Seater Bus Body and got the delivery of constructed bus,
and the same was insured by 25-10-2013.
c) That in the month of December’
2013, your petitioner started to drive the said Bus being registered as WB 19F
6276, at Route no. SD-26 ( as of Burul to Babughat ), for her earning
livelihood.
d) That from the first day of
plying the said bus, your petitioner discovered problems in running and
therefore visited the respondent no.1, who is Dealer as well as the Service
Center of the Other Respondents, and whereas the necessary services were
carried out including changes of several little parts of vehicle, but again on
running the same problems persisted to the petitioner, and the defects of the
engine remain unrepaired.
e) That on 15-12-2013, that is
after two month of the purchase of the said Vehicle, the engine of the bus in
question broken down owing to manufacturing defect. For such manufacturing
defects in Engine of the vehicle, the ply of vehicle reduced and did not give
the required ply on road.
f) That such facts were apprised
and took the bus at service centre at M/s. Future Automobile Agency Private
Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114, whereas
the respondent repaired the engine and delivered. But the manufacturing defects
as owing in engine of the bus on several occasions occurred and on several
occasions repaired and or tried to repaired such engine and delivered though
time and again, such defects continued and the said engine go out of order and
not worked properly.
g) Therefore the petitioner is not
able to run the said bus only due to the manufacturing defects as owing in
engine of the bus on several occasions occurred and such, such defects
continued and the said engine go out of order and not worked properly.
4.
That
the petitioner beg to state that this in necessary to obtain an Automobile
Expert opinion and or test report from the Expert technician of Automobile, in
respect of the alleged Engine of bus , as to ascertain about the manufacturing
defects of such engine, which causes lowest pick up and irregular ply on road.
5.
That
the petitioner beg to state that the petitioner seeks to obtain an Automobile
Expert opinion and or test report from the Expert technician of Automobile, in
respect of the alleged Engine of bus, as to ascertain about the manufacturing
defects of such engine, which causes lowest pick up and irregular ply on road,
in the interest of fair and speedy administration of justice.
6.
That
the petitioner beg to state that the petitioner is ready and willing to produce
such vehicle for obtaining an Automobile Expert opinion and or test report from
the Expert technician of Automobile, in respect of the alleged Engine of bus,
as to ascertain about the manufacturing defects of such engine, which causes
lowest pick up and irregular ply on road, before Automobile Expert and or
Expert Technician of Automobile, as directed by the Hon’ble Forum.
7.
That
the Petitioner beg to state that the Petitioner is ready and willing to pay
necessary cost and charges and or expenses towards obtaining an Automobile
Expert opinion and or test report from the Expert technician of Automobile, in
respect of the alleged Engine of bus, as to ascertain about the manufacturing
defects of such engine, which causes lowest pick up and irregular ply on road,
to an Automobile Expert and or Expert Technician of Automobile, as directed by
the Hon’ble Forum.
8.
That
the Petitioner beg to state that unless the Hon’ble Forum directed to obtaining
an Automobile Expert opinion and or test report from the Expert technician of
Automobile, in respect of the alleged Engine of bus, as to ascertain about the
manufacturing defects of such engine, which causes lowest pick up and irregular
ply on road, before Automobile Expert and or Expert Technician of Automobile,
your Petitioner will highly prejudice and suffer with irreparable loss and
injury.
9.
That
the Petitioner beg to state that the petitioner proposes two Govt. agency in
regard to obtaining an Automobile Expert opinion and or test report from the
Expert technician of Automobile, in respect of the alleged Engine of bus, as to
ascertain about the manufacturing defects of such engine, which causes lowest
pick up and irregular ply on road, as (i) ITI ( Industrial Training Institute )
Gariahat, for Automobile, at premises being no. 10 & 10/A, Gariahat Road,
Kolkata 700 091, and / or (ii) RTO, Alipore, Office of the District Magistrate,
South 24 Parganas, M.V. Department, Alipore, Kolkata 700 027.
10. That the Petitioner beg to
state that the balance of convenience and inconvenience is in the favour of
your petitioner.
11. That this application is made
bonafide and in the interest of administration of justice.
12. The Petitioner therefore prayed
for :
Under the above
facts and circumstances, It is prayed that your Honour would be graciously
pleased to grant the following prayers / relief :-
a) To direct an Automobile Expert
and or Expert Technician of Automobile of (i) ITI ( Industrial Training
Institute ) Gariahat, for Automobile, at premises being no. 10 & 10/A,
Gariahat Road, Kolkata 700 091, and / or (ii) RTO, Alipore, Office of the
District Magistrate, South 24 Parganas, M.V. Department, Alipore, Kolkata 700
027, to obtain Expert opinion and or test report, in respect of the alleged
Engine of bus, as to ascertain about the manufacturing defects of such engine,
which causes lowest pick up and irregular ply on road, on production of bus /
vehicle at the cost and or necessary charges, paid by the petitioner, in the
interest of administration of justice.
b)
To grant any other relief to the applicant /
petitioner as found out by your Honour, in the facts and circumstances of the
Complaint.
And or to pass such
other necessary order or orders and or further order or orders as your Honour,
may deem fit and proper for the ends of justice.
And for this act of kindness,
the Petitioner, as in duty bound shall ever pray.
Schedule
|
Sl.
No.
|
Particulars’
|
Numbers’
|
|
1
|
Model
|
11.12K
F/L CWC BSIII
|
|
2
|
Chassis
No.
|
MC260KRTODB080332
|
|
3
|
Engine
No.
|
E
- 483CDDB604848
|
|
4
|
Vehicle no.
|
WB 19F 6276
|
Verification
I, being the Petitioner,
herein, do hereby declare that the forgoing paragraphs no________to ________are
true to the best of my knowledge and rest prayers portions are my humble
submission before the Hon’ble Forum and I duly sign and verify this Plaint on
_____________2015.
Petitioner
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _______________2015.
Place : Alipore Judges’ Court.
District : South 24 Parganas.
Before the Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
M.A. no. of 2015,
{ Arising out of C.C.
no. 106 of 2015 }
In
the matter of
:-
Smt. Rikta Halder,
……..Applicant /
Petitioner.
-
Versus
–
M/s. Future
Automobile Agency Private Limited, and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit
of Smt. Rikta
Halder, Wife of Shri Ardhendu Halder, aged about 45 years, by occupation house
wife, residing at 5 No. Beniabati, Post Office – Rajarampur, Police Station -
Falta, District – South 24 Parganas, Pin - 743504.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am being the
petitioner, in the above case, thoroughly conversant with the facts and
circumstances of the present case and am competent to swear this affidavit.
2 : That the facts contained in
my accompanying complaint / application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2015, at Alipore Judges’ Court.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………2015.
Place : Alipore Judges’ Court.
N O T A R Y
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