D.O.F:10/07/2020

                                                                                                  D.O.O:06/10/2021

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.73/2020

Dated this, the 06^th day of October 2021

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Raghavan.K

Bethalam House, Post- Manimoola,

Chengala, Kasaragod – 671541                                                   : Complainant          

(Adv: T.C Narayanan)        

And

1. Hero Moto Corp Ltd,

    34, Community Centre,

    Basant Lok, Vasanth Vihar,

    New Delhi.  110057

                                                                                                     : Opposite Parties

2. Legend Motors,

    KMC 2/54, Near Fire Station,

    Karanthakad, Kasaragod. 671541

ORDER

SMT.BEENA.K.G    : MEMBER

            The case of the complainant Sri. Raghavan.K is that :-

            On 28/10/2019 complainant purchased a GLAMOUR IBS DRS CAST SPORTS C BLAZING RE motor bike from second Opposite Party for Rs. 61,829/-.  Though Opposite Parties agreed to deliver the bike on 29/10/2019, they delivered the bike only on 05/11/2019, after six days.   The Muthoot finance ltd Kochi arranged the higher purchase loan and the complainant spent a total amount of Rs. 80,000/- to own the bike.   The Opposite Parties assured five year warranty for bike.  Opposite Parties also offered operational servicing and inspections.  On 28/10/2019 complainant noticed some kind of vibration and horrible sound from the engine, leakage of the engine oil and the bike refused to start and eventually broken down, complainant towed the bike to the showroom of Opposite Party No: 2 on 13/11/2019.  Opposite Party No: 2 after examination informed that balance of shaft of the vehicle had broken and Opposite Party No: 2 fixed the same and leakage of the engine oil is rectified and offered the bike for use.  The bike again showed leakage of engine oil the next day itself and had taken back to the service centre of Opposite Party No: 2.  Even though Opposite Party No : 2 charged Rs. 420 for repair, the bike started to produce an irritating noise again and  engine oil leakage was also continued .  Complainant took back the bike again to the service centre but the defects were not yet cured.  Hence the complaint for refund of the price of the bike with compensation and cost. 

            Notice to Opposite Party No:1 returned stating that door closed.  Notice of Opposite Party No: 2 served.  But both of them did not turned up.  Name of Opposite Parties called absent set exparte.

            Complainant filed chief affidavit and documents produced are marked as exhibit A1 to A8.

The main questions for raised for consideration are:-

1. Whether there is deficiency in service on the part of Opposite Parties?
2. If so what is the reliefs?

Issue No:1

 The allegation of the complainant is that after purchasing a bike from Opposite Party No: 1 he has not availed proper service.  He had taken the bike many times to Opposite Party No: 2’s for service centre.  But the defects were not cured yet.  Complainant noticed vibration and horrible sound from the engine of the bike, leakge of engine oil and the bike refused to start are the major problems faced the complainant after one week of purchase.  In one of such occasions Opposite Party charged Rs.420/- from the complainant as repair charge but the defects still continues.  Ext A5 produced by the complainant proves this allegation.  The grievance of the complainant is that he has not availed proper service from Opposite Parties instead they charged for repair in the warranty period without curing the defects.

In the absence of rebuttal evidence complainant’s case stand proved on the basis of the documents produced before as and the  affidavit filed by the complainant.  We are of the opinion that complainant’s loss and mental agony has to be compensated. Both Opposite Parties are jointly and severally liable to compensate the loss and agony suffered by the complainant.  No purpose would be served if respondent is directed to replace or supply new vehicle.

Therefore complaint is allowed directing Opposite PartyNo:1 and 2 to refund (the price of the bike) Rs. 61,829/- with 8% interest from date of purchase till payment with a compensation of  Rs. 10,000/-(Rupees ten thousand only)  and Rs. 5000/-(Rupees Five thousand only) as cost to complainant.   On receiving the amount complainant is directed to hand over the bike to Opposite Party No.1.

The time for compliance is 30 days from  receipt of the copy of the judgement.

    Sd/-                                                     Sd/-                                           Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Exhibits

A1- Tax invoice

A2- Owners Manuel

A3- Temporary certificate of Registration

A4- copy of insurance policy

A5 to A8- Tax invoice

      Sd/-                                                     Sd/-                                                  Sd/-

MEMBER                                          MEMBER                                         PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/