ORDER

Gulshan Prashar, Member.

1. Brief facts of the present complaint are that complainant approached showroom of opposite party No.1 and allured by the officials of the opposite party NO.1, he purchased TVS Star 110 City Tvs motorcycle for an amount of Rs. 42490/- vide challan NO.1343 dated 16/7/09. It is further alleged that said motorcycle started giving trouble as its battery did not work properly and the cap of the Petrol tank had gone out of order and the even the lock of the tool box was not working. . Complainant approached opposite party NO.1 several times on different dates and asked the officials to do the needful but the opposite party failed to do the needful. Complainant purchased the said motorcycle on loan from HDFC Bank and has been paying loan amount and is not getting full services of his motorcycle and thus he has been harassed by the opposite parties without any fault. He also served legal notice dated 6/11/09 but without any fruitful result. Complainant is suffering a lot at the hands of opposite parties without any fault on his part. Hence there is deficiency in service on the part of opposite parties against which complainant is entitled to the reliefs claimed.

2. Opposite party in its defence ha pleaded that complainant has got no cause of action and locus standi to file the present complaint. Opposite party has denied that complainant ever complained of aleged defects as mentioned in the present complaint, rather complainant availed first free service on 22/8/09 and thereafter complainant never approached opposite party for repair of his motorcycle. . It is further pleaded that complainant had taken second key of the motorcycle and warranty card at the time of taking the motorcycle. Opposite party is ready to remove the defects, if any in the motorcycle. Hence there is no deficiency in service on the part of opposite parties and the complaint of the complainant is liable to be dismissed.

3. Both the parties adduced their respective evidence and heard respective counsel.

4. We have heard both the counsel for the parties. The purchase of one TVS Star 110 City Tvs motorcycle for an amount of Rs. 42490/- vide challan NO.1343 dated 16/7/09. and engine number and chesis number is also admitted. Complainant has mentioned some defects in the abovesaid vehicle in para-2 of his complaint.

On the other hand counsel for the opposite party argued that complainant to his credit after purchase has four free services and five pay services as per the Sales Manual given to him at the time of delivery of the motorcycle. The Manual contains four free services coupons. Complainant visited show room of opposite party No. 1 on 22.8.2009 and thereafter he never complained about any defect in the motorcycle at the time of free service and accordingly motorcycle was serviced by the opposite party and the complainant on that date took away the motorcycle after availing first free service from the opposite party. He never approached opposite party again. In this case second opposite party has also filed separate written statement and counsel for the complainant has drawn our attention to the written statement filed by opposite party NO.2 wherein it is submitted that during the first free service, complainant has informed opposite party No.1 owner of the service centre regarding various problems/defects in the motor cycle. The complainant informed the owner of the service station regarding defects i.e. battery not working and petrol tank cap not working. Tool box lid not working., shock absorbers not working and engine noise after running of half kilometer and rears shock absorbers of the motorcycle was also not working. It is mentioned in the written statement of opposite party No.2. Counsel for the complainant further argued that all these defects were brought to the notice of opposite party NO.1 on 22/8/09 during the first free service, but service of opposite party No.1 was not satisfactory. Counsel for the opposite party has admitted that the motorcycle in question is well within the period of warranty and opposite party is ready to conduct free service as per the Manual of free service and opposite party NO.1 is also ready to repair the motorcycle to the satisfaction of the complainant.

On the other hand counsel for the complainant has drawn our attention to certain defects as mentioned in the written statement of opposite party NO.2 i.e. TVs Motor Co. Ltd.

In this case opposite party NO.1 is ready to give free service to the motorcycle and he is also ready to remove all the defects, if any in the motorcycle if the complainant gives sufficient time to opposite party No.1 to repair the motorcycle to his satisfaction. Counsel for opposite party No.1 has admitted existence and binding effect of the warranty condition. He has also drawn our attention to judgment Hon'ble Supreme Court in a case reported as Maruti Udyog Ltd. vs. Susheel Kumar GabGotra 2006 CTJ page 413 (S.C.) wherein it is mentioned that

"Complainant is not entitled to any replacement or

refund of the vehicle and complainant is bound to prove

that he has maintained vehicle on

the basis of instructions contained in the Manual "

Opposite party should take enough care on the complainant's vehicle and should attend the problem faced by the complainant and give vehicle to the complainant in a good mechanical condition. In the present case, complainant has made complaint regarding certain defects in his motorcycle to the opposite party No.1 and there was no response. Even opposite party NO.2 has mentioned some defects in their written statement. These defects were brought to the notice of opposite party NO.1 by the complainant. We are of the view that certainly there are some defects in running of motorcycle and motorcycle is not giving trouble free service to the complainant.

So we direct opposite party NO.1 to remove all the defects mentioned in para-11 of the written statement of opposite party No.2. These are the defects which the complainant has informed service centre of opposite party NO.1 and they will ensure smooth working of the battery and will replace petrol tank cap and tool box lid. Opposite party No.1 will thoroughly check the noise in the engine and for the purpose of removing all the defects as alleged by the complainant, opposite party NO.1 can keep the motorcycle for 3/4 days in their workshop and will return the vehicle after thorough checking and after replacing the defective parts of the motorcycle. We further direct opposite party No.1 to pay to the complainant compensation of Rs.1000/-on account of mental tension, agony and harassment and Rs.1000/- as cost of litigation within one month from the receipt of copy of this order.

Let certified copies of order be supplied to the parties without delay and file be consigned to record room.

Announced : Gulshan Prashar Paramjit Singh

28.4.2010 Member President.