Orissa

Cuttak

CC/56/2016

Gopal Chandra Panda - Complainant(s)

Versus

Chief Executive Authorized Officer,Hero Moto Corporation Ltd - Opp.Party(s)

M K Panda

13 Apr 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.56/2016

 

Gopal Chandra Panda,

At:Radhagobindapur,PO:Dhipur,

Athagarh,Dist:Cuttack.                                                               … Complainant.

 

Vrs.

1. Hero Moto Corporation Ltd.,

Regd. Office at 34, Community Centre,Vasantlok,Vasant Vihar,

New Delhi-110057, represented by its

Chief Executive Authorized Officer.

 

2. Proprietor/Managing Director/Authorized Officer,

M/s. Sai Automobiles,Authorized representative of

J.M.G. Hero,At:Hemamalpur,Athagarh,

Dist:Cuttack.                                                                                     …Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    25.04.2016

Date of Order:  13.04.2017

 

 

 

Smt. Sarmistha Nath,Member(W).

 

                That the complainant being a consumer has filed this complaint before this Hon’ble Forum against the O.Ps for Redressal of his grievance under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. That the brief facts of the complainant case is that the O.P No.1 runs his business of sale of motor cycle though different branches including the O.P No.2.  The O.ps issued advertisement in the print and electronic media and also gave impression that splendor I smart motorcycle consumes less petrol and gives more mileage and it is showing a mileage of 100 K.M. per one liter of petrol.  Being influenced by the advertisement and propaganda, the complainant purchased a splendor I smart Motorcycle from OP No.2 on 16.10.15 by paying an amount of Rs.58,000/-.
2. After purchase, the complainant used the motorcycle regularly and he marked that the vehicle is consuming more fuel than assured and advertised by the O.Ps.  So he made a complaint before the authorized service station personnel regarding low rate of mileage.  Though couple of services was done no improvement was marked in the defects as complained by the complainant.  The O.Ps also did not conduct the test of mileage in presence of the complainant.  The complainant issued notice through his advocate requesting to do the needful to rectify but in vain.  The complainant brought the above facts into the notice of the O.Ps and they took the matter casually and did not take any measure to remove the defect or replace the motorcycle which amounts to unfair trade practice.(The complainant has enclosed the following document,purchase receipt of motorcycle, retail invoice, registration certificate with RTA,Cuttack, copy of warranty card etc vide Annexure-1 series, legal notice dt.23.12.15 issued on behalf of the complainant vide Annexure-2).
3. O.Ps entered appearance through their counsel and filed written version denying the allegations leveled by the complainant.  The specific plea of the O.Ps is that the complainant has no cause of action and the OPs have not committed any deficiency in service or unfair trade practice.  The further plea of the O.Ps is that the staff of the O.Ps have never allured the complainant by giving an impression that the motorcycle will show 100 K.M. per liter and that apart the advertisement in print and electronic media that the vehicle shall show mileage up to 102 Kms/litre depends upon certain conditions such as quality of fuel, condition of road and use of the vehicle as per standard road condition.
4. O.Ps further averred that the complainant has availed free services within the period of warranty and received the vehicle after giving satisfaction note on the job card that he is fully satisfied with the mileage.
5. That we have heard the learned counsel for the parties, gone through the case record and the documents relied upon by the parties and found that the O.Ps have lured the complainant through advertisement that the vehicle shall show mileage up to 102 Kms. per liter without mentioning conditions.  The plea of the O.Ps that the complainant has given a note on the job card that he is fully satisfied with the mileage is untenable because it is beyond expectation and unrealistic that a customer would read the details of the job card at the time of servicing.  The complainant has approached the O.Ps to rectify the defects but the O.Ps instead of taking measure to rectify the defects have rather taken the plea condition and quality of fuel which amounts to unfair trade practice on the part of the O.Ps.  The O.Ps also have not tested the exact mileage given by the said vehicle even if insisted by the complainant during free service done on 14.3.16 and the O.Ps are silent regarding the exact mileage  given by the said vehicle which indicates that the vehicle is giving less mileage than promised/advertised.

                                                                                   ORDER

Basing on the facts and circumstances as stated above and to meet the ends of justice, the O.ps are directed to repair the concerned vehicle in such a way that the mileage given by the said vehicle will be within the range of their advertisement published for the purpose which may vary up to maximum 15% of the advertised mileage as given by the company due to various adverse conditions failing which a new vehicle will be exchanged for the old one.  But before delivering the said new vehicle the mileage of the new vehicle must be tested. 

The O.Ps will also pay a sum of Rs.10,000/- as compensation towards mental agony and cost of litigation.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 13^th   day of April,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                        Member (W)                                                                                                                                                                                                                                                                                                                                                                                                       (Sri D.C.Barik)

                                                                                                                   President.

 

                                                                                                 (Sri B.N.Tripathy )

                                                                                                                                    Member