West Bengal

Bankura

CC/99/2023

Abhishek Banerjee - Complainant(s)

Versus

Hero Motor Corp Ltd. - Opp.Party(s)

10 Jan 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 99/2023

                   Date of Filing:  30/10/2023         

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

For the Complainant:  Self

For the O.P.:  Ld. Advocate Asim Kumar Mondal

Complainant  

Abhishek Banerjee,S/O-Subrata Banerjee,Vill+P.O-Sanbandha,Dist+P.S-Bankura,W.B,Pin-722155

Opposite Party 

1. Hero Motor Corp Ltd.,The Grand Plaza,Plot No-2, Nelson Mandela Road, Vasant Kunj-Phase-II, New Delhi-110070
2. Dutta Automobiles Pvt.Ltd, Nachan Road, Benachity, Durgapur-713213, Mob-0343-2585555, Gmail-heromotocorp@duttaautomobiles.com,Mob-8538038711/9382952908
3. Dutta Motors- Hero Moto Corp, Panch Bagha More, Natun Chaty, Near Railway Crossing, Bankura,W.B,722101,

FINAL ORDER / JUDGEMENT

Order No.05

Dated:10-01-2024

The Complainant is present in person.

O.P.  No.1/Manufacturing Co.and O.P.No.2 & O.P. No.3, Dealers file  separate hazira through respective Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased a Two Wheeler on 24/09/2023 from O.P. No.2/Dealer for Rs.1,15,000/- (On Road)being financed by the concerned Finance Co. At the time of delivery the Complainant found the left  handle of the motor cycle defective but the same was not properly addressed and thereafter the body guard  was fitted into the said motor cycle against payment made  by the Complainant causing scratch mark on the motor cycle. Subsequently the Complainant got his motor cycle serviced at O.P. No.3/Dealer firstly on  02/10/2023 and thereafter on 08/10/2023 and lastly on  17/10/2023. Despite service and maintenance the Complainant faced difficulty in plying the motor cycle as apart from defective left handle gear oil  was coming out with persistent sound. The Complainant has brought the allegation of deficiency in service and unfair trade practice  against all the O.P.s  to force him to purchase such a defective  motor cycle. The Complainant has therefore approached this Commission either for refund of the price of the motor cycle  or replace  the same by a new one.

                                                                                                                                                                                Contd……p/2

Page: 2

O.P. No.1/.Manufacturing Co.  contested the  case by filing a written version contending inter alia that they are only liable for any genuine case of manufacturing defect subject to vehicle expert’s report and as such the case is liable to be dismissed against them as there is no complain of manufacturing defect brought to the notice of the O.P./Dealer by the  Complainant.

O.P. No.2 & O.P. No.3  / Dealers at Durgapur and Bankura respectively submitted  jointly a written version contending inter alia that there is no mechanical fault  or any manufacturing defect of the motor cycle and moreover as per  service report dated: 02/10/2023, 08/10/2023 and 17/10/2023 the Complainant cannot raise any question of deficiency in service as he has  received the motor cycle duly serviced / repaired to his entire  satisfaction.

                                                                                       -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that admittedly the Complainant purchased the motor cycle in question from O.P. No.2/Dealer and placed it for routine service at O.P. No.3/Dealer. As per service report no complain of defective handle and leakage of gear oil and production of sound could be justified. Even no manufacturing defect of the said motor cycle could be inferred from any of the materials on record. The Commission is hardly to believe that after purchase of the motor cycle on 24/09/2023 the Complainant could detect the manufacturing defect or other  allied problems at such early stage as the service report mentioned above speaks otherwise. However it is not desirable that the O.P. No.1 being a reputed manufacturing company of motor cycle and O.P. No.2 & 3 being the Dealers thereof should  be failing in discharging  and fulfilling their duty  and liability in providing proper service and maintenance and removing mechanical defects as reported by the Complainant before the Commission.  Considering from this point of view the motor  cycle  being  still within the Warranty period  should be placed  for undergoing extensive  service and maintenance  and removal of any mechanical or technical defects for proper running of the motor cycle at O.P.  No.3 Service Centre under the direct supervision and guidance of O.P. No.1 / Manufacturing Co. and before that the Complainant must get his motor cycle duly registered and  insured in accordance with law at the instance of O.P. No.2/Dealer.

                                                                                                                                                                                  Contd…….p/3

Page: 3

With this observation the case  is disposed of on contest by directing the O.P. No. 2  to provide proper maintenance and service including  removal of mechanical  and technical defect for proper running of the motor cycle in question under the direct supervision and guidance of O.P. No.1/Manufacturing Co. within one  month from this date subject to full satisfaction of the Complainant otherwise O.P.No.1 may be held liable for refund of the price of the motor cycle or replacement of the same by a new one upon  an expert report in a separate execution  proceeding at the liberty of the Complainant if necessary.

Both parties be supplied copy of this Judgement free of cost.

  ____________________                 _________________         

HON’BLE   PRESIDENT             HON’BLE MEMBER