Orissa

Cuttak

CC/108/2021

Dipak Kumar Acharya - Complainant(s)

Versus

Minaging Director,Hero Motocorp Ltd - Opp.Party(s)

Self

24 May 2022

ORDER

            IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                           C.C.No.108/2021

Dipak Kumar Achaprya,

S/O: Jasoda Nanda Acharya,

Vill:Sriram, P.O:Dadhibamanpur,

P.S:Sadar,Dist:Cuttack.                                                           ... Complainant.

 

                                                Vrs.

1.       The Managing Director,Hero Motocorp Ltd.,

      The Grand Plaza,Plot No.2,Nelson Mandela Road,

       Vasant Kunj Phase-II,New Delhi-110070,India.

 

2.       The Chief Operating Officer,

      34,Community Center Basant Lok,

                            Vasant Vihar,New Delhi-110057,India.

 

3.      The Proprietor,Sunny Motors,

                           At:Kanika Chaka,Near Reliance Fresh,

                           Cuttack.                                                                                       ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    27.07.2021

Date of Order:  24.05.2022

 

For the complainant:          Self.

For the O.Ps       :                 Mr. Asutosh Mohanty,Adv. & Associates.

 

Sri Debasish Nayak,President.

 

            The case of the complainant as made out from the complainant in short is that he had purchased a Hero Honda Motorcycle bearing Engine No. H11EVLHG 23959 Chassis No. MBLHAW119LHG23555 for a consideration of Rs.62,286/-, apart from the R.T.O charges of Rs.6000/- approximately and insurance of Rs.4700/-.  There were defects noticed in the said motorcycle for which the complainant had to suffer inconvenience and had to run to the Sunny Motors repeatedly i.e. on 30.10.20,11.11.20 and 6.1.21.  He was also asked to deposit a sum of Rs.350/- towards road side assistance and has filed copy of the receipt vide Annexure-3.   For the repeated sufferings, the complainant was compelled to issue legal notice to the O.Ps and ultimately had to file this case claiming a compensation of Rs.2,40,000/- from the O.Ps towards mental and physical agony, litigation expenses alongwith  time and other losses.

2.         The three O.Ps in this case have jointly contested the case and have filed their joint written version.  According to the O.Ps, the complaint petition is not maintainable which is liable to be dismissed.  They admit about the Hero Honda Motorcycle bearing No. H11EVLHG 23959 Chassis No. MBLHAW119LHG23555 to have been sold on 18.8.20 by O.P. No.3 but according to them, there was no manufacturing defect as alleged by the complainant.  The O.Ps have further averred that there were no engine issue as alleged by the complainant and change of any engine parts of the vehicle.  The O.Ps have further averred in their written version that there was no deficiency in service, there was no unfair trade practice adopted by them and thus they are not liable to compensate the complainant, rather according to them, the complaint petition be dismissed with cost.

3.         Keeping in mind the averments as made from the either sides in this case, this Commission feels it proper to settle the following issues in order to arrive at a proper conclusion.

            i.          Whether the case as filed is maintainable?

            ii.         Whether the complainant has any cause of action to file this case?

            iii.        Whether there was any deficiency in service on the part of the O.Ps.?       

iv.        Whether the O.Ps have adopted any unfair trade practice?

            v.         Whether the complainant is entitled to the reliefs as claimed?

 

Issues No.3 & 4.

            For the sake of convenience issues no.3 & 4 are taken up together first for consideration.  While perusing copies of the proforma invoices as filed by the complainant vide Annexuire-2 series, it is noticed that in fact the vehicle which was purchased on 18.8.2020 by the complainant (which is well evident from Annexure-1) is not disputed.  The vehicle of the complainant had gone to the workshop of the O.Ps twice as it appears and the receipts as submitted goes to show that on 9.9.20 and 6.1.21 the complainant had paid Rs.290/- and Rs.299/- respectively which were towards the engine oil applied to the vehicle of the complainant.  Nowhere there is any document to appraise this Commission that if there was any defect in the engine, if there was any change of parts in the engine of the vehicle and if the vehicle engine was ceased on the road while the complainant was plying.  Thus, in absence of such evidence, it cannot be said here that there was any defect in the engine as alleged for which the vehicle was repaired.  Accordingly, this Commission holds that there was no deficiency in service on the part of the O.Ps and they have not adopted any unfair trade practice.  Accordingly these two issues are answered in favour of the O.Ps.

Issue No. 1 & 2.

            From the above discussion, it is held that there was no cause of action for the complainant to file this case and the same is never maintainable.  Accordingly these two issues are also answered in the negative.

Issue no.5.

            The complainant is thus not entitled for any of the reliefs as claimed by her.  Hence it is so ordered;

 

                                                             ORDER

            The case is dismissed on contest against all the O.Ps and as regards facts and circumstances of the case without any cost.

Order pronounced in the open court on the 24^th day of May,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                                                        

                                                                                                                             

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                            

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.