BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY
C.C.No. 63/2015
Dated this the 15th day of March 2018
(Date of Institution: 23.10.2015)
Tamodarane, son of Govindapillai
Z2, Government Quarters
Lawspet, Puducherry – 605 008.
…. Complainant
Vs.
1. Honda Motorcycle and Scooter India Pvt Ltd.,
Rep. by its Regional Manager
Unit – 01, 1st Floor, West Wing
Golden Heights, 59th Cross, 4th M Block
Rajaji Nagar, Bangalore, Karnataka – 560 010
2. Moham Auto Private Limited rep. by its Manager
No.151, M.G. Road, Muthialpet, Puducherry – 605 003.
… Opposite Parties
BEFORE:
THIRU.A.ASOKAN, B.A., B.L.,
PRESIDENT
Thiru V.V. STEEPHEN, B.A., LL.B.,
MEMBER
Tmt. D. KAVITHA, B.A., LL.B.,
MEMBER
FOR THE COMPLAINANT : Thiru V. Purushothaman, Advocate
FOR THE OPPOSITE PARTIES : OP1 – Ex parte
OP2 – R. Muthuvelan, Advocate
O R D E R
This is a complaint filed by the complainant under Section 12 and 14 (1) (d) (e) (f) of the Consumer Protection Act, 1986 praying to direct the opposite parties jointly and severally
- to replace the faulty spares and parts and make the vehicle defect free without any cost;
- to pay a sum of Rs.25,000/- to the complainant towards damages and compensation for causing mental agony, pain, sufferings and harassment and for deficiency of service and commission of unfair trade practice;
- to pay a sum of Rs.15,000/- towards medical expenses and paid and sufferings and
- to pay a sum of Rs.10,000/- towards cost of this complaint.
-
3. Today this complaint was called.Complainant and OP2 and both the Counsels present.In view of the memo filed by the counsel for complainant, this complaint is hereby dismissed as not pressed.The memo shall form part and parcel of the order.
Dated this the 15th day of March 2018.
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
(D. KAVITHA)
MEMBER
LIST OF COMPLAINANT'S WITNESSES:
CW1 23.02.2016 Damodaran
LIST OF OPPOSITE PARTY WITNESSES:
RW1 29.05.2017 Haripada Dass
LIST OF COURT WITNESSES:
02.05.2017 Srinivasan @ Ravishankar, Asst. Motor
Vehicle Inspector.
COMPLAINANTS' EXHIBITS:
Ex.C1 | 18.08.2014 | Photocopy of Retail Invoice issued by OP2 |
| Ex.C2 | 07.09.2015 | Photocopy of Statement of Loan Account issued by HDFC Bank |
Ex.C3 | 18.08.2014 | Photocopy of R.C. Book of vehicle bearing Regn. No. PY 01 CD 7529 |
Ex.C4 | | Photocopy of Warranty Registration Card |
Ex.C5 | | Photocopy of Service Record Sheet |
Ex.C6 | 16.09.2014 | Photocopy of Tax Invoice of OP2 – workshop |
Ex.C7 | 27.07.2015 | Photocopy of Legal notice issued by Counsel for complainant to OPs |
Ex.C8 | 26.08.2015 | Acknowledgement Tracking sheet |
Ex.C9 | | Acknowledgement card of OP2 |
Ex.C10 | 10.09.2015 | Certificate issued by one C.N. Chezhian, Two Wheeler workshop owner. |
Ex.C11 | | Warranty policy of Activa motor cycle marked through RW1 |
LIST OF COURT EXHIBITS:
Ex.X1 27.01.2017 Inspection Report given by Assistant
Motor Vehicles Inspector
OPPOSITE PARTIES EXHIBITS:
Ex.R1 | 16.09.2014 | Photocopy of Tax Invoice of OP2 marked through CW1 |
| Ex.R2 | 25.02.2015 | Photocopy of Tax Invoice of OP2 |
Ex.R3 | 16.04.2015 | Photocopy of Job Card |
Ex.R4 | 11.07.2015 | Photocopy of Job Card. |
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
(D. KAVITHA)
MEMBER
EXTRACT OF MEMO FILED BY COUNSEL FOR COMPLAINANT
It is humbly submitted that the above case was filed by complainant for relief of directing the opposite parties to rectify the manufacturing defects and for damages. It is further submitted that the second opposite party came forward to settle the matter amicably and as such OP2 had rectified the defects to the satisfaction of complainant. In view of the assurances given by OP2 that the vehicle is defect free and roadworthy, the complainant is willing to withdraw the above complaint with liberty to file a fresh complaint on fresh cause of action. This memo is filed in proof of the same.
Sd/- Sd/- Sd/-
Opposite Party No.2 Complainant Advocate
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
(D. KAVITHA)
MEMBER
