NCDRC

NCDRC

RP/3979/2010

HONDA MOTOR CYCLE & SCOTER INDIA PVT. LTD. - Complainant(s)

Versus

ASHWANI GUPTA & ORS. - Opp.Party(s)

MR. ATUL KUMAR

12 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3979 OF 2010
 
(Against the Order dated 13/08/2010 in Appeal No. 201/2008 of the State Commission Delhi)
1. HONDA MOTOR CYCLE & SCOTER INDIA PVT. LTD.
Plot No. 1, Sector 3, IMT, Manesar
Gurgaon
Haryana
...........Petitioner(s)
Versus 
1. ASHWANI GUPTA & ORS.
R/o. S-64-B, School Block, Shakarpur
Delhi
Delhi
2. THE MANAGER
First Honda, 4, Bhikajikama Place
New Delhi - 110066
Delhi
3. THE MANAGER (WORKSHOP)
First Honda, 28-Jiya Sarai, Near IIT Gate
New Delhi - 110066
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Shri Roopak Kr. Srivastava, Adv.
For the Respondent :
Nemo

Dated : 12 Nov 2010
ORDER

Respondent/ Complainant purchased a Honda Unicorn Bike from the Petitioner’s dealer on 21.5.2006.  While on his way to his residence, the handle of the bike started bubbling.  The Respondent approached the dealer on 22.5.2006  who, in turn, asked him to approach Petitioner/OP No. 1.  Complainant approached Respondent No. 1 for removal of the defects but in vain.  The vehicle was taken three times to the workshop but the same could not be repaired.  He sent a notice to all the Petitioners seeking replacement of the vehicle to which no heed was paid.

         

        Aggrieved by this, the complainant filed a complaint before the District Forum. 

The District Forum allowed the complaint and directed the Petitioners/OPs to either replace  the  Bike  with  a new one  or  refund the cost of Rs. 57,218/- alongwith compensation of Rs. 15,000/- and Rs. 3,000/- as  cost. 

Petitioner not satisfied with Forum’s order, filed appeal before the State Commission which has been dismissed by the Impugned order.  The State Commission has come to a concurrent finding of fact that the vehicle started giving trouble from day one and the Petitioner’s dealer has failed to rectify the same in spite of repeated visits to them.   Finding recorded by the fora below is a finding of fact which cannot be interfered with in revisional jurisdiction.  This Commission in revisional  jurisdiction can interfere only if there is an error in exercise of the jurisdiction.  In the present case, we do not find any jurisdictional error in the orders passed by the fora below.  Dismissed.         

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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