st May 2009nd hand Hero Honda Passion Plus Bike from his nephew namely Mr. C.C. No. 23 of 2009 C.C. No. 23 of 2009nd hand Hero Honda C.C. No. 23 of 2009

5

Rs. 1,000/- towards compensation and Rs. 100/- towards costs. Hence, the points

are answered accordingly.

8. Point No. 3 In the result, the complaint is allowed, directing the R1 to

pay Rs. 341/- (Rupees three hundred and forty one only) without interest, towards

refund of the service charges and Rs. 1,000/- (Rupees one thousand only) towards

compensation and Rs. 100/- (Rupees one hundred only) towards costs, payable

by R1 within 30 days from the date of receipt of this order. The case against R2 &

R3 and the rest of the claim are dismissed without cost.

Dictated to the Stenographer, transcribed by him, corrected and pronounced

by us in the open forum, this the 21

MEMBER MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant : NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 X/c of invoice No. 366, dt. 8-6-2004 issued by R1.

Ex. A2 X/c of bill issued by R1. ,dt. 17-1-2009.

Ex. A3 X/c of bill issued by R1. ,dt. 17-1-2009.

Ex. A4 X/c of e-mail complaint dt. 21-1-2009

Ex. A5 X/c of e-mail complaint dt. 23-1-2009.

Ex. A6 X/c of notice from complainant to respondents, dt. 20-1-2009.

Ex. A7 X/c of registration certificate and warranty card.

Exhibits marked for Respondents: -

Ex. B1 Job card No. 52294, dt. 17-1-2009 issued by R1 in favour of the

complainant.

MEMBER MEMBER PRESIDENT

Copy to :-

1) Dr. Shaik Abdul Rouf, aged 46 years, D.No. 8/156-1,

Prakashnagar, Y.M. Palli Post, Kadapa Dist

2) Sri D. Nageswara Raju, Advocate.

3) The Manager, Hero Honda Motors Ltd., 34, Community Centre,

Besant Lok, Vasant Vihar,

New Delhi – 110 057.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :

B.V.P. - - -

CONSUMER COMPLAINT No. 23 / 2009

Dr. Shaik Abdul Rouf, aged 46 years,

D.No. 8/156-1, Prakashnagar, Y.M. Palli Post,

Kadapa Dist. ….. Complainant.

Vs.

1. The Proprietor, Sri Gopal Auto Stores, 1/336,

Maruthinagar, Opp. R.T.C. Bus Stand,

Kadapa Dist. – 516 001.

2. The Hero Honda Motors Ltd., 3-6-475/3B1,

First Floor, Kalpavruksha Estate, Himayat Nagar,

Hyderabad – 500 029.

3. The Manager, Hero Honda Motors Ltd., 34,

Community Centre, Besant Lok, Vasant Vihar,

New Delhi – 110 057. ….. Respondents.

This complaint coming on this day for final hearing on 19-5-2009 in the

presence of complainant as in person and Sri D. Nageswara Raju, Advocate for R1 &

R2 and R3 called absent and set exparte and upon perusing the material papers on

record, the Forum made the following:-

O R D E R

(Per Sri P.V. Nageswara Rao, President),

1. Complaint filed under section 12 of the Consumer Protection Act 1986.

2. The brief facts of the complaint is as follows:- The complainant

purchased a 2

Abdul Lathief on 17-1-2004 vide engine No. 04E08M26920 and Chasis No.

04E09C26439, who purchased from Sri Gopal Auto Stores, Kadapa. The

complainant gave the vehicle in a running condition for general water servicing and

oil change on payment to Sri Gopal Auto Stores, Kadapa who conducted test driving

to know the defects before servicing and confirmed that there were no defects. On

completion of the service it was taken back. But it was not started at the service

center itself. The service center representative also tried. But it was not started and

he found the problems as the kick rod was sticky and tightened and giving hissing

sound. Earlier there was no hissing or starting sound. It happened after servicing

2

done by the service center. Even it was started it was stopped quickly and beating

sound was different. The service representative at the service center informed the

clutch plates would be checked or changed. When ignition switch inserted and

turned towards right, the Neutral light in green should be “ON”. Where as this was

found “OFF”. The service representative expressed that the battery was completely

discharged and it would require full charging. The wires of the battery were checked

and found one of the +ve wire was loose and neutral green light was “on”. The service

representative expressed that it was not used at any time for a longer period. The

rear brake light was not working after service. The service representative informed

that some amount would be paid for expenses and the bike had replacement of spark

pug, Adapter, Clutch plates, Silencer alignment, Battery charging, wiring. The Bike

was regularly given for servicing at Hero Honda Service Station. The complainant

had a Hero Honda Pass Port commenced from 8-6-2004 with expiry date 8-6-2007.

It was renewed and it had to be received from the dealer. In the pass port it was

mentioned free wash to motor cycle when the complainant approached the service

center. It was not done so. The service center handed over the vehicle with different

problems. The dealer gave an evasive reply, whenever the complainant approached

him. Therefore, the complaint was filed for refund of service charges of Rs. 341/-

with interest @ 12% p.a. from the date of service i.e. 17-1-2009 till payment and

Rs.1,00,000/- towards compensation and Rs. 1,000/- towards costs

3. The R1 filed a counter adopted by R2 with a memo. The respondent had

no knowledge of purchase of the vehicle on 17-6-2004 by the complainant. It was

purchased by one Abdul Lathif on 8-6-2004 for Rs. 42,377/- vide invoice No. 366. It

was true that the complainant gave the motor cycle bearing registration No. AP 04 G :

6737 to R1 on 17-1-2009 for general service and battery charging and R1 informed

the complainant that there were no defects found in the motor cycle, after testing the

vehicle, except defect in the spark plug because of excess usage. The complainant

asked the technician to conduct servicing. The complainant paid Rs. 341/- under

C.C. No. 23 of 2009

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SMT. B. DURGA KUMARI, B.A., B.L.,

SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

Thursday, 21

3

two bills dt. 17-1-2009 and took away the motor cycle without any complaint and

signed on the job card that he received the vehicle with entire satisfaction after

service. The other allegations in the complaint were created. The vehicle was given

for servicing after 4 ½ years and after running 29061Kms. Therefore, the vehicle

required some replacement of parts. When the complainant approached the R1 and

reported starting problem, the mechanic informed that it was the spark plug problem

and suggested to change the spark plug. It was clarified. Except it there was no

other problem found in the motor cycle. The complainant behaved rashly towards

the technician and threatened to file a complaint. On 23-1-2009 the complainant

sent e-mail to the respondents and immediately R2 sent his service engineer to

Kadapa to solve the problem on 25-2-2009. After arrival of the service Engineer the

R1 telephoned the complainant to produce the vehicle before service engineer for

checkup. But the complainant refused. The complainant demanded Rs. 1,00,000/-

from the respondents. Therefore, there were no merits in the complaint and is liable

to be dismissed with costs.

4. The R3 was called absent and set exparte on 28-4-2009.

5. On the basis of the above pleadings the following points are settled for

determination.

i. Whether there is any negligence and deficiency of service on the

part of the respondents?

ii. Whether the complainant is entitled to the relief as prayed for?

iii. To what relief?

6. On behalf of the complainant Ex. A1 to A 7were marked and on behalf of

the respondents Ex. B1 was marked. Both sides filed written arguments.

7. Point No. 1 & 2 The complainant purchased one 2

Passion Plus Bike from one Mr. Abdul Lathief on 17-1-2004. The engine No. was

04E08M26920 and Chasis No. was 04E09C26439. Originally it was purchased by

one Abdul Lathief on 8-6-2004 from Sri Gopal Auto Stores, Kadapa for Rs. 42,377/-.

4

The Xerox copy of the bill dt. 8-6-2004 in the name of Abdul Lathief was Ex. A1. The

complainant gave the vehicle for general water servicing and oil change on 17-1-2009

to Sri Gopal Auto Stores, Kadapa. He filed Xerox copy of two bills under Ex. A2 and

A3 for oil change and battery charging. The total amount paid by the complainant to

Sri Gopal Auto Stores, Kadapa under Ex. A2 & A3 was Rs. 341-45Ps. The

respondent filed Ex. B1 regular job card, dt. 17-1-2009 in the name of the

complainant for oil change and battery charging, Oil gage wiring, Silencer checkup

and head lights checkup and mentioned total charges as Rs. 341-45Ps as shown in

Ex. A2 and A3. After s ervicing the motor bike gave problem like hissing sound,

stopping intermittently and sounds different from silencer and defect in the neutral

light. In addition the rare brake light did not function. The service Technician of R1

informed the complainant that certain parts had to be changed including battery,

Clutch plate, spark plug, adaptor, silencer alignment and wiring with the expenses of

the complainant. At the time of servicing on 17-1-2009 it was not found and it was

not ckecked up by R1. When the vehicle was given for servicing, it had to be checked

up thoroughly and fit for running condition without any small defect. The R1 did

only battery charging, oil gauge and wiring, head light checkup, silencer checkup and

oil change. The R1 should immediately inform to the complainant to change the

parts as they were not working in proper condition. In Ex. B1 it was not at all

mentioned for change of the parts and major defect to the motor bike. Therefore, the

complainant had suffered much due to the acts of the R1. He filed Ex. A4 Xerox copy

of E-mail complaint, dt. 21-1-2009 to R2 and E-mail complaint to R1, on 23-1-2009

under Ex. A5. The complainant sent a notice to the respondents on 20-1-2009. The

office copy of the notice was Ex. A6. He filed Ex. A7 Xerox copy of certificate of

registration of the motor cycle bearing No. AP 04 G : 6737 with the warranty

conditions. It should not be applicable because the warranty was two years from the

date of purchase. It was originally purchased on 8-6-2004 and the service was

conducted by R1 on 17-1-2009. In these circumstances, the complaint is allowed

directing the R1 to pay Rs. 341/- towards refund of the service charges and