Delhi

North West

CC/1538/2015

SOM LAL PAUL - Complainant(s)

Versus

HONDA GLOBUS MOTORS PVT.LTD. - Opp.Party(s)

05 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 1538/2015

D.No.________________________         Date: ________________

IN THE MATTER OF:

SOM LAL PAUL S/o SH. CHAMAN LAL PAUL,

R/o 76, CPWD QRS. MS BUILDING, TYPE-III,

TIMARPUR, DELHI-110054. … COMPLAINANT    

 

Versus

 

 

1. HONDA MOTOR (2 WHEELERS)

    C/o M/s HONDA GLOBUS MOTORS PVT. LTD.,

    (THROUGH ITS MANAGING DIRECTOR),

    GUJRAWALA TOWN, DELHI-110009.

 

2. M/s GLOBUS MOTORS PVT. LTD. (HONDA),

    (THROUGH ITS M.D./PROPRIETOR),              … OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                                            Date of Institution: 03.12.2015   

                                               Date of decision:05.01.2018

 

SH. M.K. GUPTA, PRESIDENT

 

ORDER

 

1.       The complainant has filed the present complaint against the OPs under the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a 2 wheeler Activa-125 Disc (Honda) bearing Registration no. DL-8S-BS-8984, engine no. JF49E80172885, chassis no. 8019825, silver metallic colour, vide bill no. 151N00322 dated 06.04.2015 of Rs.68,264/-.  The

CC No. 1538/2015                                                                        Page 1 of 5

          complainant further alleged that soon after the purchase of the vehicle there was a problem of excessive heating of engine and the complaint was reported to OP on 15.04.2015 for replacement of Activa-125 Disc  due to a manufacturing defect being within guarantee upto April-2017 and the vehicle was returned on the ground that it was a normal feature and no rectification/repair was carried out on the vehicle. On 03.05.2015, the complainant again found engine over-heating problem and noise problem and the complaint was lodged to OP-2. The first two services of the vehicle was conducted by OP-2 and an amount of Rs.600/- was charged but the complaint was not resolved and again the complaint was lodged on 10.05.2015 to the service station but Sh. Anurag Mittal, the General Manager of the Service Station ignored the complaint by stating that there is no mechanical problem in the engine and the complainant continued to use his vehicle. On 26.07.2015, second service was conducted by OP-2 and despite the complaint of engine over-heating, the complaint was not rectified. The complainant further alleged that on 17.10.2015, when he was driving his vehicle, all of a sudden the vehicle got freezed/jammed in the mid of the road and with the help of a goods carrier, the vehicle was shifted to the residence of the complainant and the complainant paid an amount of Rs.300/-. The complainant,

CC No. 1538/2015                                                                        Page 2 of 5

          registered the complaint on 18.10.2015 with the customer care of OP vide complaint no. Q#326609 dated 18.10.2015, Q338764 dated 19.11.2015. The vehicle was taken to the service station of OP-2 on 19.10.2015 and an estimate bill of Rs.5,052/- was given to the complainant which he refused as the vehicle was within warrantee period. The complainant further alleged that the said estimate bill was for a black Activa 125 Disk 2 wheeler in the name of the complainant and which is a fraudulent bill  raised by the Honda customer and as such there is an unfair trade practice and deficiency in service on the part of OPs.

2.       On these allegations the complainant has filed the complaint praying for direction to OPs to replace the defective Activa-125 Disc bearing registration no. DL-8S-BS-8984 by a new Activa 125 Disc 2 wheeler being the within the guarantee/period or refund the amount of Rs.68,264/- alongwith interest @ 10% p.a. as well as compensation of Rs.1,00,000/- for causing mental agony and harassment and has also sought of Rs.10,000/- as cost of litigation.

3.       Notices to OPs were issued through speed post for appearance on 06.01.2016. But none for the OPs appeared on 06.01.2016, 11.02.2016, 29.02.2016 & 19.04.2016 and as such OPs have been proceeded ex-parte vide order dated 19.04.2016 despite service of notices as per track reports.

CC No. 1538/2015                                                                        Page 3 of 5

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of retail invoice dated 06.04.2015 showing colour of vehicle as Silver Metallic, copy of Registration Certificate of the vehicle showing colour silver metallic, copy of job-card, copy of estimate/quotation dated 20.10.2015 in respect of black colour vehicle, copy of receipt dated 06.04.2016 and copy of insurance policy. The complainant has also filed written synopsis.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no defence in their favour.

6.       As OPs have failed to appear and have not lead any evidence and as such it seems that OPs have no genuine defence. Accordingly, both the OPs are held guilty of unfair trade practice and deficiency in service.

 

 

CC No. 1538/2015                                                                        Page 4 of 5

7.      Accordingly, both the OPs jointly or severally are directed as under:-

i)        To pay to the complainant an amount of Rs.68,264/- being the price of the vehicle on return of old vehicle and all documents i.e. bill, registration certificate, insurance policy by the complainant.

ii)       To pay to the complainant an amount of Rs.50,000/- as compensation including litigation cost towards mental agony and harassment caused to the complainant.

8.       The above amount shall be paid by both the OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

9.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 5^thday of January, 2018.

 

 

  BARIQ AHMED                            USHA KHANNA                   M.K. GUPTA

    (MEMBER)                                    (MEMBER)                      (PRESIDENT)

 

 

CC No. 1538/2015                                                                        Page 5 of 5