CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present

Sri. Bose Augustine, President

Sri. K.N. Radhakrishnan, Member

Smt. Renu P. Gopalan, Member

CC No. 154/2012

Thursday, the 30^th day of January, 2014

Petitioners                                           :           Abdul Basheer E.M.

                                                                       Eacharappanikkottil,

                                                                      Kanjirappara P.O.

                                                                      Kottayam – 686 555

Opposite Parties                                  :        1) Hero Honda Motors Ltd. Company.

                                                                     2) Pranavam Automobiles

                                                                        Aiswarya building

                                                                      Near treasury, Karukachal,

                                                                       Kottayam.      

ORDER

Sri. K.N. Radhakrishnan, Member

            The case of the complainants presented on 26-04-2012 is as follows:

            He had purchased a Hero Honda black gray colour bike from the 2^nd opposite party on 28-10-2011.  The complainant purchased the bike as ready cash.  He had driven the bike as causious driving and he did not driven the bike above 50 km/hr.  The bike was not driven any other person except the complainant.  But within one month after purchase of the bike oil leakage from the under part of the engine and gear box of the bike.  The automatic start was not working,  the matter was intimated to the opposite party and the vehicle was serviced on            11-02-2012, and 21-01-2012.  But the defects of the vehicle was not rectified even so far.  The opposite parties collected service charges from the complainant.  The service and repairing work was done by the opposite party within the period of warranty.  There was deficiency in service on the part of the opposite party.  Hence this complaint.

            The notice was served with the opposite parties.  They appeared and filed their version contending as follows:  The case of the complainant is not maintainable before this Forum either in law or on facts.  The 2^nd opposite party is the agent of the 1^st opposite party.  On 28-10-2011 the complainant purchased Hero Honda bike (Passion Pro) from the 2^nd opposite party.  The oil leakage of the vehicle was due to the negligent act and driving of the vehicle by the complainant or somebody.  The alleged complaints were attended by the opposite party properly when complainant point out the defects.  The opposite party done proper servicer without collecting any amount from the complainant.  The alleged defect of the vehicle was due to normal wear and tear and normal usage of the vehicle.  The opposite parties are ready and willing to rectify the defects when the complaint point out the same as possible.  There was no deficiency in service on the part of the opposite parties.  Hence the complaint may be dismissed with cost.

            The complainant filed proof affidavit and documents which are marked as Ext. A1 to A7.

            Heard complaint.  The case of the complainant is that the opposite parties have not rectify the defects of the vehicle (ie. oil leakage and automatic switch).   The opposite parties submit that they are ready and willing to rectify the defects if any in the bike as and when pointed out by the complainant.  In the absences of the commission report we cannot made a conclusion that the alleged defects was on account of any manufacturing defects.  We are satisfied that the alleged defects of the vehicle would be rectified as free of costs.  Hence we are of the opinion that the case of the complainant is to be allowed.

            In the result the complaint is allowed as follows: 

1. We direct the opposite parties to rectify the alleged defects if any in the bike in road worthy condition free of costs in default,  Opposite party shall pay Rs.5,000/-.

1. We direct the opposite party to pay Rs.3,000/- as compensation for inconveniences and pay Rs.1,000/- as cost of these proceedings.  The order shall be complied with within a period of one month from the date of receipt of copy of this order.  The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.

Sri. Bose Augustine, President           Sd/-                            

Sri. K.N.Radhakrishnan,  Member     Sd/-                

Smt. Renu P. Gopalan, Member         Sd/-

Documents of the petitioner:

Ext. A1 :  Photocopy of bill from Pranavam Automobiles dtd. 21-01-2012

Ext. A2 :  Photocopy of bill from Pranavam Automobiles dtd. 11-02-2012

Ext. A3 :  Photocopy of estimate from Latha Automobiles dtd. 14-05-2012

Ext. A4 :  Photocopy of estimate from Latha Automobiles dtd. 14-07-2012

Ext. A5 : Photocopy of estimate from Latha Automobiles dtd. 27-08-2012

Ext. A6 :  Photocopy of job card from Latha Automobiles

Ext.A7 :   Photocopy of of job card from Latha Automobiles dtd. 22-01-2013

                                                                                                                                    By Order

                                                                                                                        Senior Superintendent