ORDER

Per Rakesh Kapoor , President

   On9.2.2011, the complainant had purchased a Motor Bike make Honda
bearing registration no. DL 13 SH 7031.   It is alleged by the
complainant that he had got the Motor Bike serviced regularly at the
authorized workshop of Honda and had lodged a complaint that there was
a problem in the steering handle.  He has alleged that his complaint
was ignored by the service center.   On 23.12.2011, he had taken his
bike to “Race Honda” and was not informed that there was a bend in
that assembly which was not covered under warranty. The T –assembly
which  was accordingly replaced at his cost.  He had lodged complaints
dated 27.2.2012, 2.1.2012 , 7.1.2012 and 23.1.2012 and finding no
response had filed a complaint U/s 12 of the Consumer Protection Act
with the Consumer Forum on 1.2.2012. During the pendency of the said
complaint the OP had changed a part of the handle on 16.7.2012 where
after he had withdrawn the said complaint. On 19.8.2012, the conset of
the bike was changed but the old problem continued to reoccur in the
same.  Eventually, the handle of the bike was replaced. The
complainant has alleged that there is still a problem in the steering
of the bike which has not been removed. He has, therefore, approached
this forum for redressal of his grievances.

The Ops have contested the complaint and have filed a written
statement.  They have denied any deficiency in service and have
complaint that the complaint is false , frivolous and vexatious . They
have claimed that there are no defects in the vehicle in question and
no cause of action has arisen in favour of the complainant to file the
present complaint.   Under the head “ Reply on merits” , the OP have
stated as under:-

 That the contents of the complaint, as stated , are false, incorrect
and denied .  It is submitted that there is no problem in the subject
vehicle and whatever problem was there has already been rectified. It
is vehemently denied that the complaints of the complainant were not
heeded. The complainant acts only under assumption that his bike is
leaning on right side while running. It is submitted that the
complainant had initially got his bike serviced from Race Honda and
his bike was properly serviced as and when brought for service for any
of the dealer of OP no. 1. It is submitted that previously also, the
complainant made a complaint before this Hon’ble Forum in order to
avoid the payment of charges in the repair/servicing of the vehicle
and in order to buy peace and avoid litigation and maintain good
customer relations, Race Honda settled the dispute though there was no
irregularity on the part of either OP no. 1 or Race Honda.
That the complainant again approached OP no. 2 regarding problem in
his bike on 14.12.2012 with the problem of handle bent. On inspection,
it was found that the handle was bent because of accident/falling of
vehicle which fact was even admitted by the complainant. Accordingly
service was done and handle was changed by OP no. 2. Test ride was
done by the complainant and he certified his satisfaction to the work
done while taking the delivery of the vehicle after satisfying himself
with the working of the vehicle. Complainant again on 02.01.2013,
visited the workshop of OP no. 2 with the problem handle check and
that the bike is leaning towards RHS while running. The vehicle was
inspected and tested by OP no. 2 and no abnormality was found in the
bike while running or in the handle of the subject bike. The
complainant was also given a test ride and he also certified his
satisfaction to the same while taking delivery of the vehicle. It is
submitted that the complainant has filed the present false, frivolous
and vexatious complaint in order to extort pecuniary benefits and to
harass the opposite parties. It is submitted that the complainant out
of his own figment of imagination, is making complaint while nothing
has been found during the testing/test ride of the subject vehicle.



We have heard arguments advanced at the bar and have perused the record.

     The complainant has alleged that he had purchased the vehicle in
question on 09.2.2011.  He has placed on record invoices dated
5.1.2013, 17.12.2012 and 29.8.2012. The complainant has not placed on
record any document with respect to the warranty of the vehicle in
question.

     There is nothing on record to show that the vehicle in question
had any inherent defect . No report of any expert has been placed on
record in this regard. On behalf of Ops an affidavit has filed by Sh.
L.K. Thakur a service engineer. para 5 & 6 of his affidavit are
relevant and reads as under:-

5. I state that there is no problem in the subject vehicle and
whatever problem was there has already been rectified. I deny that the
complaints of the complainant were not heeded. The complainant acts
only under assumption that his bike is leaning on right side while
running.  It is submitted that the complainant had initially got his
bike serviced from Race Honda and his bike as properly serviced as and
when brought for service for any of the dealer of OP no. 1 . It is
submitted  that the complainant had initially got his bike serviced
from Race Honda and his bike was properly servied as and when brought
of any of the dealer of OP no. 1 .It is submitted  that previously
also, the complainant made a complaint before this Hon’ble Forum in
order to avoid the payment of charges in the repair/servicing of the
vehicle and in order to buy peace and avoid litigation and maintain
good customer relations, Race Honda settled the dispute though there
was no irregularity on the part of either OP no. 1 or Race Honda.
6. 1 state that the complainant again approached OP no. 2 regarding
problem in his bike on 14.12.2012 with the problem of handle bent. On
inspection, it was found that the handle was bent because of
accident/falling of vehicle which fact was even admitted by the
complainant. Accordingly service was done and handle was changed by OP
no. 2. Test ride was done by the complainant and he certified his
satisfaction to the work done while taking the delivery of the vehicle
after satisfying himself with the working of the vehicle. Complainant
again on 02.01.2013, visited the workshop of OP no. 2 with the problem
handle check and that the bike is leaning towards RHS while running.
The vehicle was inspected and tested by OP no. 2 and no abnormality
was found in the bike while running or in the handle of the subject
bike. The complainant was also given a test ride and he also certified
his satisfaction to the same while taking delivery of the vehicle, It
is submitted that the complainant has filed the present false,
frivolous and vexatious complaint in order to extort pecuniary
benefits and to harass the opposite parties. It is submitted that the
complainant out of his own figment of imagination, is making complaint
while nothing has been found during the testing/test ride of the
subject vehicle. Copy of job cards dated 14.12.2012 & 02.01.2013 are
EX. O.PWI/1 & EX. O.P1WI/2 respectively. Copy of vehicle history of
the subject vehicle with O.P. No.2 is exhibited as EX. O.PW1/3.



     In view of the affidavit filed on record on behalf of the ops we
are unable to hold any deficiency in service on their part.  We see no
merits in this complaint which is hereby dismissed.