Haryana

StateCommission

A/967/2015

HERO HONDA MOTORS LIMITED - Complainant(s)

Versus

MAHENDER KUMAR - Opp.Party(s)

NEERAJ SHARMA

11 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                                   Appeal No.            967 of 2015     

                                                                   First Appeal No  :  804 of 2014

Date of Institution: 29.10.2015

                                                                   Date of Decision:   11.03.2015

 

1.      Hero Honda Motors Limited (Presently known as Hero MotoCorp Limited), F-126, Katwaria Sarai, Opposite Qutab Institutional Area, New Delhi 110 016 through its authorized signatory.

 

2.      Jaya Automobiles, Opposite Mini Zoo, Vidya Nagar, Meham Road, Bhiwani, Tehsil and District Bhiwani, Haryana (Authorized Dealer of Hero Moto Corp Limited) through its authorized signatory.  

                             Appellants-Opposite Parties

 

Versus

 

Shri Mahender Kumar son of Sh. Uttam Chand, resident of B-12, Krishan Colony, Jawahar Nagar, Bhiwani, Tehsil and District Bhiwani.

Respondent-Complainant

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member

 

Present:              Mr. N.P. Sharma, Advocate for the appellants.

                             Shri Mahender Kumar-respondent in person.

 

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Mahender Kumar-complainant purchased Hero MotoCorp motorcycle of Splendor + make from Jaya Automobiles, Bhiwani, authorized dealer of Hero MotoCorp Limited on January 29^th, 2012.  It was pleaded by him that the battery of the motorcycle was changed twice but despite that it did not function properly.  He asked the Jaya Automobiles to repair the battery but the defect could not be removed. He filed complaint before the District Consumer Disputes Redressal Forum, Bhiwani (for short, ‘District Forum’).

2.      The District Forum vide order dated July 16^th, 2014 allowed the complaint and directed the appellants to replace the motorcycle with new one or refund the amount of the motorcycle alongwith interest at the rate of 12% per annum from the date of filing of the complaint, that is, July 03^rd, 2013 and to pay Rs.2200/- litigation expenses.

3.      Aggrieved of the order, appellants filed appeal No.804 of 2014 before this commission.  The said appeal was accepted by this Commission by order dated March 13^th, 2015. 

4.      Against the said order, complainant filed Revision Petition No.1888 of 2015 before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.  National Consumer Commission vide order dated 05^th October, 2015 set aside the order passed by this Commission subject to the cost of Rs.2000/- and remanded the case to this Commission to decide the same after hearing the complainant.

5.      Indisputably, the grievance of the complainant is with regard to the failure of battery.  A perusal of job cards (Exhibit R-1 to R-4) shows that that battery of the motorcycle was changed twice.  It also finds mention that outside indicator buzzer found fixed with wiring.  The complaint was advised to remove the same and that was the cause of repeated failure of the battery. The complainant came to Jaya Automobiles to get the fuel average checked and it was found to be correct and complainant attested it that it was correctly checked.  From the job cards, it is evident that there was no manufacturing defect in the motorcycle. The complainant did not lead any expert evidence that there was any manufacturing defect in the motorcycle. 

6.      For the reasons recorded supra, the appeal is accepted, impugned order is set aside and the complaint is dismissed.    

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

  

Announced 11.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K