Jharkhand

Bokaro

CC/16/11

Kumar Balram Singh - Complainant(s)

Versus

M/S DUA HONDA - Opp.Party(s)

Ranjeet Giri

09 Jul 2018

ORDER

Complainant Kumar Balram Singh filed this case for a claim to direct O.P. to give a new Motor Cycle and compensation of Rs. 1,00,000/- and other relief.

2          The case of the complainant is that he purchased a Motor Cycle Honda C.B. Shine on 27-04-2015 from the dealer O.P. No.1. The Motor Cycle was under warranty facility provided by manufacturing company O.P. No.2 Honda Motor Cycle pvt. Ltd. in case of any kind of mechanical defect if found in future for 12 months from the date of purchase. On 29-08-2015 the motor cycle was automatically developed crack in rear wheel rim without any external impact during riding. Immediately on the same day the complainant approached to O.P. No.1 who told to contact O.P. No.3 the insurance company. Complainant informed to the insurance company on toll free no. On several time complainant approached O.P. No.1 but his problem was not sorted out and O.P. No. 1 refused to change the rear wheel. It is submitted that the O.Ps have failed to give proper service and thus this is deficiency in service.

            O.P. No.3 appointed surveyor and he replied the complainant that this is a no claim since it was not accidental rather it is a manufacturing defect for which O.P. No. 2 is liable and there is no deficiency on his part.

3          Complainant filed the following document in support for his claim

            Anx-1- Copy of Repudiation by Insurance Company.

            Anx-2 & 2/1 Copy of Sale Certificate and Invoice Receipt

            Anx-3- Copy of the Insurance Policy.

            Anx-4- Copy of Registration.

            Anx-5 to 5/3 Copy of photographs of motor cycle.

4          O.P. No.1 & 2 appeared and filed joint W.S. At the first instance the O.Ps raised jurisdiction of this forum because none of the O.Ps. are situated at Bokaro and therefore this case is not maintainable here and prayed to dismiss the case. 

5          O.P. No.3 M/s Sri Ram General Insurance Co. Ltd. appeared and filed W.S. It is submitted that there is no cause of action for this case and as for the claim filed by the complainant, the defect was in the rear wheel and as for the surveyor report, this is no claim because this is not caused by any accident and therefore there is no deficiency in service on the part of the O.P. This O.P. has also filed a mail letter from the company to all the dealerships in respect of bend and crack in rear rim without any external impact, the same has to be reported under warranty claims. It is also submitted that the surveyor has also not found any damage due to external means. Therefore this O.P. is not liable for any claim of the complainant and prayed to dismiss the claim of the complainant.

F I N D I N G S

6          We perused the record and hold that complainant is a consumer as he purchased the goods on payment and dispute is a consumer dispute.

7          O.P. No.1&2 have raised preliminary objection regarding territorial jurisdiction of this forum to entertain the complaint

            It appears that the complainant has purchased a motor cycle from showroom of O.P. No.1 which is situated at Jamshedpur and the other O.Ps. also have not any branch office at Bokaro, as it appears from the complaint petition. As such this complaint is without territorial jurisdiction of this forum at Bokaro, therefore this case cannot be entertained on merit at Bokaro.

            However as it appears to us that the claim of the complainant appears to be genuine, thus we allow the liberty to the complainant to file this complaint at proper forum having jurisdiction to entertain the complaint by 20^th August 2018.

8          Since the case is without territorial jurisdiction at Bokaro, the case is here by dismissed for want of jurisdiction without going into the merit of the case.

            O.C. is directed to deposit the record in the record room.