Delhi

North East

CC/91/2023

GAURAV - Complainant(s)

Versus

HONDA MOTORCYCLE & SCOOTER INDIA PVT. LTD - Opp.Party(s)

20 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.91/23

In the matter of:

 

	Sh. Gaurav S/o Sh. Ram Singh, At: H.No. 1/3902, Street No. 4, Loni Road, Bhagwan Pur Khera, Shahdara, Delhi 110032	Complainant
	Versus
1.         2.	Honda Motorcycle & Scooter Pvt. Ltd., Office at: Plot No. 1, Sector 3, IMT Manesar, Distt. Gurugram, Haryana 122050   Celebrate Motors Pvt. Ltd., Showroom 68-A, Arjun Nagar, Jagatpuri, Opp. Metro Pillar No. 62, Delhi 110051	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

11.04.2023 20.03.2024 20.08.2024

 

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

 

ORDER

 

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record isthat on 08.05.2022 he purchased a bike i.e. Honda Livo Disc 110cc from the Opposite Party No. 2. After few days of purchase, the gears of the bike getting stuck. Complainant stated that the said bike had travelled only 308 Kms and he got a call from the Honda Service Centre to get the first free service. Complainant stated that on 08.06.2022 he went to service centre and told about the gear problem then technician of the service centre told that they would solve the problem. Complainant stated that after few days again the gears of the bike getting stuck then on 16.06.2022 he got a call from the service centre to ask about the bike then he told that the gears were still stuck and then they asked the Complainant to visit the service centre. On 27.06.2022 he took the bike to the service centre and technician checked the bike then the technician told that the gears looked fine but when he drove the bike then the gears got stuck again. Thereafter, technician of service centre told to take the bike to Patparganj Service Centre for solving the problem. On 27.06.2022 he made a complaint to the Honda Customer Care then he got a call from the General Manager and he asked to visit the service centre for solving the problem. Complainant stated that on 29.06.2022 he went to service centre and technician cleaned the clutch plate and then changed some part but they did not give any bill. Complainant stated that the gear problem was still there then on 29.06.2022 he made a complaint to Honda Customer Care. On 04.07.2022 Complainant met the manger and told about the problem of gear then they told the Complainant to visit Patpargarj where he would get the solution. On 07.07.2022 he visited the Patparganj service centre where technician asked him to leave the bike for repairing. Complainant stated that after two days he got the call from the said service centre to get the bike and they made a bill of Rs. 15.99 and Complainant paid the charge to the service centre but after few days again the problem of gear happened. Complainant stated that he lodged many complaints with the Honda Service Centre but they noted the same and did not solve the problem of the bike.Complainant stated that he also visited many times Honda Service Centre and there mechanic checked the bike and told that there was no problem in the gear but when Complainant drove the bike the problem was still there. Complainant stated that no one heardhis problem and ignored him and argued with him. Complainant stated that he also visited the service centre of Rajindra Motors where the bike was checked by the mechanic and they told to cancel the warranty as the Patparganj Service Centre made a record of 5600 kms where his bike had travelled only 1086 Kms. Complainant stated that he lodged many complaints regarding the gear problem but no solution was provided by the Opposite Parties. Hence, this shows the deficiency of service on the part of Opposite Parties. Complainant has prayed to replace his bike and also prayed for compensation of Rs. 30,000/- on account of mental harassment and litigation expenses.
2. None has appeared on behalf of the Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against ex-parte vide order dated 12.07.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that he had purchased a bike and from the very beginning there was a gear shifting problem in the bike. He visited Opposite Parties several times but this problem of gear shifting was not rectified. From the perusal of the complaint of the Complainant it seems that his grievance is regarding gear shifting of the motorcycle and this problem was from the very beginning. Meaning thereby there was some manufacturing defect in the motorcycle. The onus to prove that the bike was having gear shifting problem or some other defect lies upon the Complainant. The Complainant has not led any evidence to prove this fact. Even in the affidavit which the Complainant has filed in his evidence does not mention about the gear shifting problem in the bike or other problem in the bike.
5. In view of the above discussion we are of the opinion that the Complainant has failed to prove his case. Therefore, the complaint is dismissed.
6. Order announced on 20.08.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)