DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.480 of 20.12.2018

                                      Decided on:           6.1.2023

1.       Sh.Kanwal Pal Singh S/o Babu Ram, resident of H.I.G.683, Phase-I, Urban Estate, Patiala.

2.       Mr.Karanvir Singh S/o Sh.Kanwal Pal Singh resident of H.I.G.683, Phase-I, Urban Estate, Patiala.

                                                                   …………...Complainants

                                      Versus

1. M/s Sukhdev Automobiles through its Manager Incharge Nishant Bagh, Near Bahadurgarh, Rajpura Road, Patiala 147001.
2. General Manager M/s Eicher Motors Limited through 3^rd Floor, Select Citywalk A-3, District Centre Saket New Delhi-110017.
3. General Manager M/s Royal Enfield Plot No.624, Tiruvottiyur High Road, Near Tiruvottiyur Bus Terminus Tiruvottiyur, Chennai-600019.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                       Sh.A.S.Bindra, counsel for complainants.

                                      Sh.Karminder Singh, counsel for OPs.

 ORDER

                                      S.K.AGGARWAL, PRESIDENT

1. The instant complaint is filed by Sarv Sh.Kanwal Pal Singh and Karanvir Singh (hereinafter referred to as the complainants) against M/s Sukhdev Automobiles and others (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred that on 14.10.2015 complainants purchased bike Classic 500-Desert Storm bearing chassis No.ME3U5S5F1FK064557 & engine No.U5S5F0FK124180 for a sum of Rs.1,85,000/- from OP No.1. It is further averred that there was suffered from missing problem on the very first day of purchase in the showroom which was brought to the notice of OP No.1 .The bike in question was sent for repair and the delivery was given  to the complainant on 22.10.2015. It is further averred that thereafter certain problems continued to occur in the bike which were attended to by OP No.1 but with and without any job card being issued to the complainants on different occasions . It is further averred that still the bike is suffering from manufacturing defect and thus the OPs have sold a defective bike to the complainant and committed deficiency in service on their part. It is further averred that the complainants time and again requested the OPs for the replacement of the bike with new but they refused to do so. Complainants also got issued legal notice dated 26.11.2018 upon the OPs but of no use. Consequently, prayer has, thus, been made  for giving direction to the OPs to replace the bike in question with new one or to return the money alongwith interest and also to pay compensation and costs for the mental tension and harassment suffered by the complainants.
3. Upon notice, OPs appeared through counsel and filed the written reply taking various preliminary objections. On merits, it is not denied that the complainants visited the show room of OP No.1 and purchased the motor  cycle in question on 14^th October,2015 for Rs.1,85,000/-. It is submitted that at the time of booking  and delivery warranty booklets provided contain warranty guidelines apart from other terms and conditions. It is further averred that whatsoever defect was pointed out in the motor cycle was attended to by the OPs to the satisfaction of the complainants. It is further submitted by the OPs that during the warranty period only the defective parts of the vehicle can be repaired or replaced free of cost but there is no provision for the issuance of new vehicle. After denying all other averments of the complainants OPs have prayed for the dismissal of the complaint.
4.  In  order to prove their case, complainant Kanwalpal Singh  furnished his affidavit, Ex.CA alongwith documents Exs.C1 copy of RC, Ex.C2 copy of e-mails and their replies,Ex.C3 copy of receipt of bike, Ex.C4 picture showing pain problem, Ex.C5 copy of print out, Ex.C6 and Ex.C7 copy of legal notice and postal receipt, Ex.C8 copy of warranty terms and conditions, Ex.C9 copy of bill of Motor cycle,Ex.C10 copy of owner’s manual and closed the evidence.
5. In rebuttal the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Sahil Kanwar, Area Manager of Eicher Motors/OP, Ex.OP1 copy of warranty terms and conditions, Ex.OP2 copy of special power of attorney in favour of Sahil Kanwar and closed the evidence.
6. We have heard ld. counsel for the parties and have also gone through the record of the case, carefully.
7. The parties have argued their case on the basis of their respective pleadings and evidence placed on record.
8. The only relief sought for by the complainant is to the extent that the OPs may please be directed to replace the bike in question with new one or to return the money alongwith interest and also compensation and cost of the complaint.
9. Admittedly, the complainant had purchased a Classic 500-Desert Storm motor cycle from the OPs on 14.10.2015 vide Ex.C9.The said motor cycle started giving problems  immediately after its purchase and there was a fuel sensor problem in the bike only after run of 600kms on 22.11.2015.The said problem was rectified by the OPs when the motor cycle was sent to their service centre. Thereafter, repeated defects like engine noise on 15.9.2016, fuel sensor problem on 20.11.2015, self not working on 10.12.2015, problem of petrol flow on 23.5.2016 were observed vide Ex.C5.Even there was an explosion in the battery on 19.1.2016, which was also replaced by the OPs.
10. The colour of the motor cycle also started fading and also there was a problem of rusting which was brought to the notice of the OPs. The photographs of same are Ex.C4.The defects in the motor cycle continued and there was missing problems on 2.6.2018, 11.8.2018 and again on 18.9.2018 when the motor cycle was finally brought to the service centre of the OPs and since then the motor cycle is lying in the possession of OPs vide Ex.C3. The OPs have neither repaired the motor cycle nor replaced the same and the same is lying in their possession since 18.9.2018. Ultimately a legal notice was served upon OPs No.1&2. However, no solution to the problems was offered by OP No.1 to the complainant and the complainant was persuaded to take back the motor cycle in  as its condition. OP No.1 in its reply had admitted that whenever the defects in the motor cycle were brought in to its notice, the same were attended to satisfactorily.
11. From the perusal of the record, we are of the considered opinion that the motor cycle in question was giving repeated problems right from the date of its sale/purchase and the same was left with the service centre on 18.9.2018. As such the motor cycle is defective/suffering from manufacturing defects and defective piece was sold to the complainant. The complainant could not use the motor cycle and the very purpose for which motor cycle was purchased stands defeated. Accordingly we allow the complaint with the following directions to the OPs;

To replace the motor cycle in question with a new one of similar / equivalent configuration of latest model.

To refund the amount of Rs.1,85,000/-alongwith interest @ 6% per annum from the date of purchase i.e. 14.10.2015 till realization.

The OPs are also directed to pay Rs.10,000/-as compensation for causing mental agony and harassment to the complainant.

The OPs are entitled to keep the possession of old motor cycle.

Compliance of the order be made by the OPs within a period of 30 days from the date of the receipt of the certified copy of this order.              

12.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President