Mr. Joy Deep, Millenium Motors Pvt., ltd., Head of Hero Honda, Hero Honda Motors Ltd.,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing:13.10.2008 Date of Order:15.01.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 15TH DAY OF JANUARY 2009 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2214 OF 2008 Naveen Kumar Gopashetty, Shig-b, 8th Block, 4th Cross, Qtr No. 114, 5th Phase, Near GK Naidu School, Yelahanka New Town, Bangalore 64. Complainant V/S 1. Mr Joy Deep, Millennium Motors Pvt Ltd., Hero Honda, No. 139/26, Amarjyothi Layout, Koramangala Ring Road, Domlur, Bangalore-560 071. 2. Head for Hero Honda, Hero Honda Motors Ltd., 34, Community Center, Basant Lok, Vasant Vihar, New Delhi-110057. Opposite Parties ORDER By the President Sri. S.S. Nagarale The complainant has submitted that, he has purchased Hero Honda Motorcycle on 3rd November-2006 from opposite party No.1 dealer by paying Rs.55,864/- with 2 years warranty. Since from the date of purchase the complainant facing problem of gear shifting, False Neutral, Sudden jerks while riding, lot of engine noise, oil leakage from the left side of the engine even after repeated servicing. The complainant took the motor cycle number of times to the dealer. Complainant spending Rs.1,000/- for the problem of every service. The Motorcycle was handled by 2 Service Engineers working for Hero Honda even then the issue was not solved. Therefore, he has filed complaint to remit back the entire amount along with the compensation. 2. Notice was issued to opposite parties. The opposite party put in appearance through Advocate and filed defense version admitting that complainant has purchased Motorcycle with 2 years warranty on 02/11/2006. The complainant cannot claim refund of the amount. Complainant without evidence presumed and assumed that there is defect in the vehicle. Complainant has to make out inherent manufacturing defect in the vehicle. Complainant has made the allegation after using the Motorcycle for more than 2 years. The opposite party submitted that they are ready and willing to repair the said vehicle within the warranty period free of costs. 3. Arguments are heard. 4. I have perused the complaint and documents. Admittedly, the vehicle has been purchased on 3rd November-2006 and complaint has been filed on 13/10/2008 nearly after 2 years of the purchase. No doubt the complainant has invested huge amount by purchasing Hero Honda Motor Cycle. It is true that the complainant faced problem with his vehicle and he was very much frustrated with the Bike. He admits that vehicle is a wonderful bike but all the negative points made him to come to the Court. He had taken the vehicle to the dealer several times. The complainant submitted that 2 Service Engineers working for Hero Honda were not able to solve the problem. The opposite parties have fairly and rightly submitted that even now also, they are ready and willing to repair and make the vehicle defect free, free of costs. This submission is quite just, fair and reasonable. The complainant who was present in person also submitted that he is not insisting for refund of the cost of the vehicle. He is insisting only for grant of some compensation for mental agony, tension, inconvenience, harassment and mental agony suffered by him during these 2 years period on account of the problem faced with the vehicle. The complainant is also ready and willing to get the vehicle repaired from the opposite parties. So, under these circumstances and on the facts and circumstances of the case, it is just, fair and proper to direct the opposite parties to repair and to attend the complaint of the complainant immediately. The opposite parties should see that the vehicle shall not give any problem or trouble to the complainant while riding the same. The opposite party company is very repudiated and famous company, it should attend the problem of the customer immediately with a service motive. Customer was the boss in the past, is at present and will be in the future. Customer is the most important visitor in the premises of the opposite parties. He is not dependent on the service provider, on the other hand the opposite parties are dependent on him. It is the obligation and duty of the repudiated company to supply defect free vehicle to the customers. If the new vehicle starts giving trouble it will be very horrible to the user and it gives mental tension and inconvenience and lot of harassment and there will be loss of time, energy and money to the customer. Therefore, the opposite parties should attend the problem immediately with an apology note. Consumer Protection is enacted to safeguard the better interest of the consumers. The complainant wants a suitable compensation be awarded to him for all the mental agony, tension and inconvenience caused to him. I feel on the facts and circumstances of the case, it is just, fair and reasonable to direct the opposite parties to pay compensation of Rs.10,000/- to the complainant for mental tension and agony apart from giving service of making the vehicle defect free with their own costs. In the result, I proceed to pass the following:- ORDER 5. The complaint is partly allowed. The opposite parties are jointly and severally directed to pay compensation of Rs.10,000/- to the complainant for mental agony. 6. The opposite parties are also directed to attend the complaint of the complainant and to repair the motor cycle free of costs. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 15TH DAY OF JANUARY 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.,
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