Orissa

Kendujhar

CC/9/2016

Sri Sanjeev Kumar Das - Complainant(s)

Versus

1. The Manager, Royal Honda - Opp.Party(s)

Sri Nihar Ranjan Mishra & Associates

18 May 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 09 OF 2016

    Sri Sanjeev Kumar Das, aged about 29 years,

    S/o- Abhaya Kumar Das,

    Village- Kalinga Nagar, Qtr. No-S2R/88,

    P.O- Matkambeda, P.S- Barbil,

    Dist- Keonjhar                                        ………………………………..Complainant

                              Vrs.

1. The Manager, Royal Honda,

    Barbil-Joda Highway, P.O/P.S- Barbil,

    Dist- Keonjhar, Odisha-758035

2. The Manager, Pritam Enterprises,

    Authorized dealer of HONDA Motorcycle,

    Near Hotel Shreekshetra, P.O- Keonjhargarh,

    P.S- Town, Dist- Keonjhar, Odisha-758001

3. The Manager, Honda Motorcycle &

    Scooter India Pvt. Ltd., (HMSI) Plot no.1,

    Sector-3, IMT Manesar,

    Dist- Gurgaon, Haryana-122050       ………………………………...Op. Parties

 

PRESENT- Sri Akshaya Kumar Purohit, President

                    Sri S.C. Sahoo, Member

Advocate for the complainant- Sri Nihar Ranjan Mishra & Associates

Advocate for OPs- Set ex-parte

_________________________________________________________________________

Date of Hearing - 17.05.2016                                                        Date of Order - 18.05.2016

 

Sri A.K. Purohit, President:    

1.      The case of the complainant is that, he had purchased a Unicorn- CBF 160 STD Motorcycle bearing registration No. OD 09 C 1110 from the O.P. No.1 for a consideration of Rs.75,877/- on dated 17.9.2015. The retail invoice for the said purchase was issued by the main dealer O.P.No.2 on dated 22.9.2015. The complainant alleges that from the very beginning of the use of the said motorcycle i.e.  from the date of its first servicing,  the motorcycle was found defective for which the consumption of the engine oil is much higher and the same defect has not yet been removed by the O.Ps. and till date  the vehicle is in the service station of the O.P.No.1. To this the complainant send mail to the O.P.No.3 but the defect has not yet been removed. Hence the complaint.

2.       Although notice has been served on the O.Ps., neither they have appeared nor they have proceeded with the hearing of the case and hence they have set expert vide order dated 13.5.2016.

3.      Heard the learned advocate for the complainant. Perused the materials available on record. Perused the retail invoice issued by the O.P.No.2 on dated 22.9.2015. The complainant has purchased the motorcycle for a consideration amount of Rs.75,877/- and the O.P.No.2 has received the said amount and hence the complainant is a consumer. It is seen from the job card No. 2212 issued by Royal Honda dated 11.12.2015 that the vehicle was taken to the service center for service. It is also seen from the mail send by the customer care that the defect in the vehicle has not been removed by the service center. Therefore it is believed that there was defect in the engine of the motorcycle.

4.       From the very beginning of its purchase the motorcycle of the complainant was found defective and the same was send to the service center time and again, which shows that there is inherent defect in the motorcycle which cannot be repaired. It is the bound down duty of the O.P. to sale defect free motorcycle. Therefore replacement of the engine of the complainant’s motorcycle will meet the ends of justice.

HENCE ORDER: -

      The O.Ps. are directed to replace the engine of the complainant’s motorcycle bearing Regd.No. OD 09 C 1110 with a defect free new one with an extended warranty within one month from the date of receipt of this order. The O.Ps. are further directed to pay Rs.5000/- to the complainant towards cost and compensation within the same period.

        Accordingly the case of the complainant is allowed.  

 

          I agree                      

    (Sri S.C. Sahoo)                                                                                 (Sri A.K. Purohit)

          Member                                                                                               President                                    

DCDRF, KEONJHAR                                                                            DCDRF, KEONJHAR

 

                                                      Dictated & Corrected by me

                                                             (Sri A.K. Purohit)                                                                                                   

                                                PRESIDENT, DCDRF KEONJHAR