THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 3rd DAY OF JULY, 2023
APPEAL NOD.1084/2014 AND 1077/2015
PRESENT
SRI RAVI SHANKAR, JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI, MEMBER
1. Appeal No.1084/2014
Palace Honda
M/s Balaji Automobiles
Authorized Dealers for Honda
Motorcycle & Scooter India (P) Ltd,
No.2906, 1st Main, New Kantharaj Urs
Urs Road (North), ...Appellant/s
Saraswathipuram,
Mysuru-570 009
(By Sri.D.Govardhan, Advocate)
-Versus-
1. Allan Sandesh
S/o Sri Vishwanand
Aged about 35 years,
Residing atNo.104, 2nd Stage,
Brindavan Extension,
Mysuru
… Respondent/s
2. Honda Motors Cycle & Scooter
India Pvt. Ltd.
Plot No.1, Sector -3,
IMT Maneswar,
Gurgaon District Haryana-122 050
(R1-By Sri.T.Rajaram, Advocate)
(R2-By Sri.MSRP, Advocate)
2. Appeal No.1077/2015
Honda Motors Cycle & Scooter
India Pvt. Ltd.
Plot No.1, Sector -3, ...Appellant/s
IMT Maneswar,
Gurgaon District Haryana-122 050
(By Sri.Raghavendra Prasad, Advocate)
-Versus-
1. Allan Sandesh
S/o Sri Vishwanand
Aged about 35 years,
Residing atNo.104, 2nd Stage,
Brindavan Extension,
Mysuru
… Respondent/s
2. Palace Honda
M/s Balaji Automobiles
Authorized Dealers for Honda
Motorcycle & Scooter India (P) Ltd,
No.2906, 1st Main, New Kantharaj Urs
Urs Road (North), Saraswathipuram,
Mysuru-570 009
COMMON ORDER
BY SRI RAVI SHANKAR, JUDICIAL MEMBER
Both Opposite Party No.1 and 2/appellants in complaint No.630/2010 preferred these appeals against the order passed by the District Consumer Commission at Mysore which directed these appellants to pay Rs.64,574/- along with Rs.5,000/- mental agony and Rs.2,000/- litigation expenses and submits that the complainant had purchased one vehicle by paying an amount of Rs.64,574/- and registered in his name vide Reg.No.KA-09-EN-4682 on 10-9-2008. After purchase of the said vehicle, the complainant alleged manufacturing defects that the said vehicle was giving low mileage against the assured mileage as per the brochure. The District Commission after trial allowed the complaint and directed these appellants to pay cost of the vehicle along with compensation for mental agony and litigation expenses.
2. In fact, the vehicle sold by these appellants having no manufacturing defects, the guaranteed mileage projected in the brochure is 55 to 60 kms as per advertisement. But the complainant alleged that initially the vehicle has giving mileage upto to 56 kms per liter, but subsequently it was dropped to 49 kms. Hence, alleged the manufacturing defects. The vehicle after purchase was plyed upto 8000 kms and subsequently the complainant alleged manufacturing defects. The mileage depends upon the patron of driving and depends upon the road conditions. The vehicle was released to the market after standard check up with respect to every aspects including mileage, there is no any manufacturing defects, in spite of that, the District Commission allowed the complaint. The order passed by the District Commission is not in accordance with law, they are not liable to pay any compensation as directed by the District Commission. Hence, prayed to dismiss the complaint.
3. Heard from both sides.
4. On perusal of the certified copy of the order, memorandum of appeal, there is no dispute that, the complainant had purchased one Honda Unicorn Bike from these Opposite Party Nos.1 and 2 and registered in his name on 10-9-2008. The complainant had paid Rs.64,574/- towards purchase of the vehicle. The complainant also purchased the vehicle basing on the assured mileage to the tune of 55 to 60 kms. Whereas after driving he noticed the vehicle mileage was dropping continuous. Even after driving the vehicle upto 100 kms, the vehicle reduced to give low mileage. Hence alleged the manufacturing defects and filed a complaint before the District Commission. The District Commission allowed the complaint and directed these appellants to pay the above said amount.
5. The order passed by the District Commission according to us is not in accordance with law. The mileage of the vehicle is always depends upon the patron of riding and the road conditions and also patron of usage by the rider. Here we noticed that, mere droppage of mileage for 4 to 5 kms against the assured mileage not amounts to any manufacturing defects. All the vehicles which were set for sale were tested as per the standard norms provided by the concerned authority. Hence, we do not find any manufacturing defects in the vehicle as alleged by the complainant. Mere droppage of the mileage is not a reason for manufacturing defects. The complainant had not alleged any other manufacturing defects in the vehicle except droppage of mileage. The District Commission without considering the said facts had allowed the complaint and directed these appellants to pay the above said amount. The order passed by the District Commission is lacks of legality. Hence, it requires to be set aside. The complainant is not entitled to get any relief as prayed. As such the appeals are allowed and consequently the complaint is dismissed. Hence, we proceed to pass the following:-
O R D E R
The Appeal Nos.1084/2014 and 1077/2015 are allowed. No order as to cost.
The impugned order passed by the District Commission, Mysore in CC.No.630/2010 dated 25-7-2014 is hereby set-aside. Consequently, the complaint filed by the complainant is hereby dismissed.
The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the appellant/Opposite Party.
Send a copy of this order to both parties as well as Concerned District Commission.
Member Judicial Member
