BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 314 of 2018
Date of Institution : 18.12.2018
Date of Decision : 24.5.2019.
Anita Bansal, aged 29 years, daughter of Mr. Ashwani Kumar, resident of Sankhuwali Gali, Bhadra Bazar, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
- Decent Honda, Telmos Automobiles Pvt. Ltd., Near Shakti Motors, Dabwali Road, Sirsa, District Sirsa.
- Honda Motorcycles and Scooters Pvt. Ltd., Plot No.1, Sector 3, IMT Manesar, Gurgaon, District Gurgaon, through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL….. …… MEMBER.
SMT. SUKHDEEP KAUR…………….. MEMBER
Present: Smt. Sonam Goyal, Advocate for complainant.
Sh. JBL Garg, Advocate for opposite parties.
ORDER
This a complaint under Section 12 of the Consumer Protection Act, 1986 filed by complainant against the opposite parties.
The case of the complainant in brief is that on 15.6.2018, the complainant had purchased a brand new Honda Activa vehicle from opposite party no.1 and op no.1 had charged a sum of Rs.52,695/- from the complainant against proper bill. That after purchase of the aforesaid vehicle, the complainant got the same registered with the concerned Authority vide registration No.HR-24Z/9452 by incurring amount of Rs.3,000/-. It is further averred that after purchase of the vehicle, the same started releasing undesired sound from its engine only after one day of its purchase. Not only this, there was an acute problem in its self start function. There was also an undesired voice from the front head light portion of the vehicle and the vehicle used to go off automatically while plying on the road. That immediately after coming to know about the same on 19.6.2018, the complainant visited the op no.1 and brought this fact to its knowledge. The op no.1 generally checked the said vehicle vide job sheet dated 19.6.2018 and made some repairs therein after which the problem regarding automatic off was removed and it was assured by op no.1 that remaining problem shall automatically be removed with the passage of time stating the vehicle to be fresh one. The mileage of the vehicle was very much less than claimed by op no.1. As no improvement was noticed by complainant in the vehicle, therefore, again on 25.6.2018, the complainant visited the op no.1 and made a request to make the said vehicle defect free and a job sheet dated 25.6.2018 was also issued to the complainant and after making minor checking, the vehicle was handed over to the complainant in the same condition without any improvement. Thereafter, again in the first week of July, 2018, the complainant visited op no.1 with the same request but of no use. It is further averred that thereafter finding no other option, the complainant directly contacted the manufacturing company on 12.7.2018 and after that the mechanic of op no.1 visited the complainant and took the possession of the vehicle from the complainant with the promise that possession of the same shall be handed over back to the complainant after making the same to be totally defect free and a job sheet in this regard was also issued to the complainant and thereafter, the vehicle was handed over to her but on checking the defects were found as it is. That since then the complainant is making rounds to the showroom of op no.1 time and again but op no.1 kept on avoiding the requests made by complainant on one false pretext or the other. Ultimately, the complainant got served a legal notice upon the ops on 17.8.2018 but of no use. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections. It is submitted that as a matter of fact, after purchase of Honda Activa scooty, the complainant availed the first free service of the same on 19.6.2018, second free service on 25.6.2018 and third free service on 20.11.2018 and during these services, no defect in the scooty of the complainant was found/ noticed. The vehicle of the complainant was found to be in perfect working condition. However, it is submitted that in case any defect is found or reported by the complainant, the ops are ready to remove the same within the scope of warrantee scheme of the company. It is further submitted that vehicle of complainant is in perfect working condition and same is running efficiently and there was/is no manufacturing defect in the same. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence by way of affidavits and documents.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove her case has furnished her affidavit Ex.CW1/A wherein she has reiterated all the averments made in her complaint. She has also tendered documents Ex.C1 to Ex.C11. On the other hand, ops have produced affidavit of Sh. Karan Kumar, Manager of op no.1 and have placed on file copies of job cards Ex.R1 to Ex.R3. Admittedly, the complainant had purchased the Honda Activa on 15.6.2018 from op no.1 for a valid consideration of Rs.52,695/- and got same registered with registration number HR-24Z/9452 but as per allegations of complainant after sometime the vehicle started releasing undesired sound from its engine only after one day of its purchase, there was an acute problem in its self start function, there was also an undesired voice from the front head light portion of the vehicle and the vehicle used to go off automatically while plying on the road. Immediately she approached the ops and brought this fact to their knowledge. Again she visited the op o.1 on 25.6.2018 and made request to make it defect free and job sheet dated 25.6.2018 was also issued to the complainant after making minor checking.
6. It is settled principle of law that it is legal obligation of the dealer as well as manufacturer of a vehicle to provide after sale services to the customer like complainant and to make the vehicle defect free without any costs within period of warrantee. Since the vehicle of the complainant is giving problems and is suffering from defect and she is approaching the ops time and again by wasting her own time and energy and non providing of such services to the complainant clearly amounts to deficiency in service on the part of ops.
7. In view of the above, we allow this complaint and direct the opposite parties to carry out necessary repairs in the activa of the complainant within 10 days from the date of receipt of vehicle from the complainant and to make the same defect free even by replacing any part of the vehicle without any costs and in case it is found that vehicle or any part of vehicle is having any manufacturing defect and same cannot be repaired in that eventuality to replace that part of vehicle or the vehicle. We further direct the ops to pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced in open Forum. President,
Dated:24.05.2019. Member Member District Consumer Disputes
Redressal Forum, Sirsa
