DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 223/ 2020
Hemanta Kumar Sahoo, aged about 30 years,
S/o- Krushna Chandra Sahoo, At/PO- Gualipada, PS- Delang,
Dist - Puri …. Complainant
-Vrs.-
1. The Honda Motor Cycle and Scooter India Pvt. Ltd.,
Commercial Complex II, Sector-49-50,
Gulf Course Extension Road, Gurugram,
Haryana – 122 018
2. SHIVAM AUTOMOBILES, Plot No.797, Janpath,
Saheed Nagar, Bhubaneswar, Odisha.
… Opp. Parties
For the complainant : Mr.P.C.Mishra & Associates (Adv.)
For the OPs : Exparte
DATE OF FILING : 03/12/2020
DATE OF ORDER : 28/06/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he purchased one Honda Activa 5G scooter from the OP.2. The OP.1 is the manufacturer of the said scooter. The registration number of the said scooter was OD-02-BH-9101. After purchase of the scooter, the complainant rode the scooter but while running, the scooter automatically stopped running. It was carried out to the OP.2, service centre for removal of defects. But even thereafter the same problem arose. Time and again, the scooter was taken to the service centre for removal of defects but it could not be successful. Finally, on 10/10/2020, the scooter suddenly ceased on the road at Labor colony, Unit -3, Bhubaneswar. The vehicle was taken to the service centre for necessary repair but till date the vehicle has not been returned to the complainant. As alleged by the complainant, no repair work has been done till date due to lack of experts. Hence this complaint.
3. On the other hand, the OPs were set exparte and exparte hearing was taken up on 06/06/2023.
4. Perused the materials on record. The Annexures submitted before the Commission indicate that, the complainant is the registered owner of the scooter bearing registration number OD-02-BH-9101. The said scooter was purchased from Shivam Automobiles i.e. the OP.2. Tax invoice shows that the complainant had paid Rs.58,043/- for the said scooter and for accessories Rs.3,520/-. The allegation made by the complainant has not been controverted in any way. The fact remains that, the scooter in question is still in the service centre and repair work has not been taken up. It shows that, there may be certain inherent manufacturing defect in the said scooter for which the scooter has not been delivered to the complainant by the service centre till date. Considering all the documents produced before this Commission and the submissions made by the complainant, I feel that, the scooter in question was not road-worthy to drive. Hence the complaint bears merit. As such, it is ordered.
ORDER
The complaint is allowed exparte against the OPs. The OPs are jointly & severally liable to pay Rs.58,043/- (Rupees fifty-eight lakhs forty-three) only along with Rs.3,520/- (Rupees three thousand five hundred twenty) only to the complainant. In addition to that, the OPs are liable to pay an amount of Rs.10,000/- (Rupees ten thousand) only to the complainant towards compensation for mental agony suffered by him and a further sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses. The order be complied with by the OPs jointly & severally within a period of one month from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 28th June, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
