PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.-208/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member
Sanatan Maharana
S/O- Babaji Maharana
Shiv Darshan Bhawan, Vss Marg, Near Sani Temple
Dani Bandh, Sambalpur
Dist- Sambalpur, Odisha Pin- 768001
Mob- 8763433800 ………........Complainant
-Vrs.-
- Royal Enfield Motorcycles Limited
12, Commercial Complex
Greater Kailash-II (Masjid Moth),New Delhi DL 110048 IN.
- Sreyasri Moters
Authorized Showroom, Royal Enfield Motorcycles Ltd
Debgarh Road, Ainthapali Sambalpur
Near Madanawati Public School
Sambalpur, Pin-768004, Odisha,India .....................Opp.Parties
Counsels:-
- For the Complainant :- Sri. R.Gupta & Associates
- For the O.P.s :- Ex-parte
Date of Filing:17.11.2023, Date of Hearing :06.05.2024 Date of Judgement : 22.07.2024
Presented by Sri SadanandaTripathy, Member.
- The Brief fact of the Complainant is that the Complainant has filed the case against the OPs for deficiency in service, cheating, unfair trade practice, malafide intentions to grab the hard-earned money of innocent consumer and harassment to the Complainant. The Complainant has purchased a Royal Enfield vehicle from the OP on dtd. 3.12.2021 by paying Rs. 2, 08,078/-. After purchasing the vehicle the Complainant used it for one year and completed 3 free services on 10.12.2021, 13.05.2022 and 14.09.2022. On dtd. 19.03.2023, the Complainant found that the engine of the said vehicle is creating very rough and irritating noise and is much higher sound then usual sound. As the vehicle is under warranty period of two years the Complainant runs to the showroom for the same. On 21.03.2023 the OP inspected the vehicle and advised the Complainant to leave the vehicle at show room for repairing and come after 7 days of time. The Complainant again reached to the OP with great inconvenience but the OP again asked the Complainant to come on dtd. 15.04.2023 but again on dtd. 15.04.23 the Complainant went to the showroom then again the OP gave a next date to the Complainant and this postponement continues till one month and finally the vehicle has been returned to the dated 20.04.2023. The OP on that day has taken charges of 1018/- and 861/- from the Complainant and returned the vehicle. After one day of repair the Complainant again found that the same problem of Engine sound. When the Complainant reached to the showroom again they advised that it will take some time to return of the original sound as the vehicle is recently repaired. The Complainant in a good hope again waited for two months of time but the sound of the vehicle gradually increased despite of repairing by the OPs problem has not been resolved. Finding no solution the Complainant again went to the show room on dtd. 27.06.2023 and complained. The OP on that day has taken Rs. 401/- and changed some minute parts and said that after changing these things sound will automatically reduce but nothing has been changed and again the same problem found. The Complainant now was mentally disturbed as he has purchased the said vehicle paying much amount to the OP and it was unbearable for him running after the OP on daily basis. The Complainant again on dtd. 27.07.2023 went to the showroom for the same complain and assured by the OP that it will be resolved as early as possible but this time he has taken Rs. 2000/- and changed the Chain Spoket Kit and Rs. 249/- for Rear wheel cover removal but after that also again the same problem emerged in the said vehicle. The Complainant again runs to the OPs on 21.08.2023. The OP asked the Complainant to handover the vehicle to the showroom and the Complainant for the last time deposited the vehicle for repairing. The OP kept that vehicle in his show room till 06.09.2023 for a period of 17 days causing mental agony, pain harassment and inconvenience and financial loss to the Complainant and also charged 1259/- for changing different parts. The Complainant on dtd. 06.09.2023 after taking the vehicle found the same problem again and reported this to the showroom authority but they said they cannot do anything in this issue and the engine has got several issues. Finding no way the Complainant lodged online complains regarding this issue on dtd. 22nd Sept 2023 and 24th Sept 2023 but the complain has been closed without being resolved. After this incident the Complainant has requested the OP to either change the engine completely or to replace the vehicle as the vehicle is under warranty period of 2 years but the OP did not listen to him after repeated telephonic call and conversations. When the consumer next time reached to the OPs they denied saying that they do not have any instruments to repair this vehicle as it seems to be manufacturing defect. After that the Complainant has in all other ways tried to resolve the issue but the OP are deficiency in service and are using unfair trade practices harassed the consumer a lot. Hence this case.
- The OPs have not given their Written Version.
- From the documents and evidences, it is found that after several attempt by the OP/show room service center to resolve the problem of the Complainant’s vehicle, they could not solve the problem. So the vehicle has manufacturing defects. In the other hand out of lodged complain to the customer care they have not taken any step to resolve the problem. Hence manufacturing defects, deficiency in service found against the OP No. 1.
ORDER
The O.P No. 1 is directed to replace the vehicle with anew one or to refund the purchase invoice amount of the vehicle. The OP No. 1 is also directed to pay Rs. 50,000/- towards deficiency in service and mental agony suffered by the Complainant as compensation. Further the OP No.1 is directed to pay Rs. 10,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which all the amount will further carry with 9% interest per annum till realization.
Order pronounced in the open Court today on 22th day of July, 2024.
Free copies of this order to the parties are supplied.
