Date of filing : 17-12-2010
Date of order : 27-10-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 268/2010
Dated this, the 27th day of October 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Kesavan Namboodiri.K,
Kanhirappally Illam, Po. Kodakkad, } Complainant
Vengappara, 671357, Kasaragod.Dt.
(Adv. Ramesan.K.V. Hosdurg)
1. Manager, Arjun Associates, }Opposite parties
Hero Honda Motor Ltd, Kannur.
(Adv. Ashalatha.M. Hosdurg)
2. Manager, Aryan Associates,
Po.Thavam, Pazhangadi, 670301,
Kannur.Dt.
(Adv. M. Raja Mohan, Hosdurg)
3. Manager, Mila Associates, Cheruvathur,
Kasaragod.Dt.
(Adv. P. Latheesh, Hosdurg)
O R D E R
SMT.K.G.BEENA, MEMBER
The grievance of the complainant Sri.Kesavan Namboodiri is that he has given his Hero Honda Glamour Bike for repair to opposite parties. Eventhough the complainant availed 3 free services, after the 3rd free service the Bike had starting complaint and it entrusted to opposite party No.3 for service on 1-11-2010. After repair the Bike was not delivered in time and thereby caused monetary loss and mental agony to the complainant.
2. According to opposite parties the non-availability of spare parts delayed the repair work. The defects of the vehicle has arisen only due to the lack of maintenance and careless use by the complainant. The vehicle was repaired and ready for delivery on 25-11-2010 and informed the complainant. But he has not turned up.
3. Complainant filed proof affidavit in support of his case. He is examined as PW1. Exts A1 to A9 marked. Opposite parties also filed proof affidavit. Exts B1 & B2 marked. Both sides heard and documents perused.
4. After considering the facts of the case the following issues were raised for consideration
1. Whether there is any deficiency of service on the part of opposite parties?
2. If so, what is the relief?
5. The complainant has entrusted his ‘Hero Honda ‘Bike’ to opposite parties for repair. As per the guidelines of ‘Hero Honda Company’ complainant had already availed 3 free services, but the bike had starting trouble and again entrusted the vehicle to opposite party No.3 for repair. During inspection it is found that coil of the vehicle is damaged and ordered for a new coil to Ace at Calicut which is the authorized dealer of Hero Honda Spares in North Malabar area. The vehicle was repaired and ready for delivery on 25-11-2010. This fact is informed to the complainant through telephone and letters but no response or reply from the complainant. As per Ext.A7 the complaint registered complaint No.2101028 on 5-11-2010. Ext.A8 is the reply for the complainant sent to the area office on 16-03-2011 regarding the vehicle No.KL 60 B5846. The vehicle is ready since 10-01-2011 they have tried to contact complainant by phone but there was no response and the opposite parties sent a registered letter on 18-01-2011. Ext.A9 dated 15-01-2011 is the registered letter sent by opposite parties to the complainant.
6. The complainant was working as Village Extension Officer in Kayyur Cheemeni Panchayath field work is a part of his job. Moreover, in Kayyur-Cheemeni Panchayath there are no sufficient bus services. Complainant purchased the vehicle as a solution for this problem. While perusing Exts A7 to A9 it is clear that there is deficiency of service on the part of opposite parties. Opposite parties could not deliver the bike after repair in time. As a result the complainant had undergone, monetary loss and mental agony. In his cross-examination he deposed that as a Village Extension Officer, field work is an inevitable part of his job for which he is not receiving any allowance from government. After entrusting the vehicle to opposite parties for repair on 1-11-2010 he was depending on taxies for his field work and thereby spend `100/- per day as taxi charge from 1-11-2010 to 16-12-2010. After repair the bike was ready for delivery since 10-01-2011 send a registered letter Ext.A9. But when the complainant approached the opposite parties, they received the notice from the forum and advised him to wait till the disposal of the case. In the version filed by opposite party No.3 (para 5) it is stated that the complainant has brought the vehicle on 26-10-2010 due to gear complaint, battery charge, starting complaint and general service starting complaint and general service. On inspection of the vehicle it is found that the wires connected to indicator and regulator are cut into pieces by rats and by this time the date of 3rd service is over. The defects of the bike is noticed by opposite party No.3 at the time of 3rd free service. But opposite party No.3 did not attend all the defects at that time because it is a free service. If opposite party No.3 repaired the vehicle sincerely at the time of 3rd free service thereafter no such a complaint would have filed against them. Opposite parties unnecessarily retained the vehicle after repair for a long period knowing that the complainant was badly in need of a vehicle for field work. Opposite parties purposely caused monetary loss and mental agony to the complainant. We are of the view that there is certainly deficiency of service and negligence on the part of opposite parties for which they have to compensate the complainant. Therefore opposite parties are liable to make good the loss sustained by the complainant due to their unlawful and negligent acts.
7. Hence we are of the view that opposite party No.3 has to deliver the bike after repair, in a good condition within 30 days from the date of receipt of this order with a compensation for retaining the vehicle after repair for 10 months, and deficiency in service at the time of free services.
In the result, complaint is allowed and opposite parties are directed to deliver the bike in a defect free condition to the complainant along with `7,500/- as compensation within 30 days from the date of receipt of this order. Failing which interest at the rate of 9% shall be charged on the amount `7,500/-.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Owners Mannual
A2. 28-062010 History card.
A3. 28-10-2010 carbon copy of bill
A4. Estimation
A5.Speed Post receipt.
A6. Letter sent by complainant to OP.
A7. Copy of G mail.
A8. Copy of Gmail
A9.15-01-2011 Letter sent by Hero Honda to complainant.
B1. 26-10-2010 Free Service Job Card.
B2.20-11-2010 Quick Service Job Card.
PW1. Kesavan Namboodiri.K.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
