The complainant Sri Ravi Ranjan Kr. Priyadarshi has filed this complaint petition against President, Honda Motorcycle and scooter  India Pvt. Ltd. Plot No.-1 Sector No.-3, IMT Manesar, District Gurgaon, (Haryana),  and two others (o.ps) for directing the o.ps to change the  motor cycle in question, on refund the purchased Amount Rs. 65,941/-  to the complainant , Rs. 1 lacs/- as mental and physical harassment and cost of the suit with interest of 12 % P.A on total sought amount till payment of the said amount.

 The brief, facts of the case is that the complainant purchased Honda Unicorn self Alloy, Los No.-20960234, chassis No.- ME4KC09CCC8234456, Engine No.- KC09E6240397, and its registration No. is BR-06AA-3751 on 31-03-2012 from o.p no.-3 at Muzaffarpur Bihar, borrowing loan from H.D.F.C. Bank, Sariyaganj Muzaffarpur. The further case is that after lapses of 9 months from the date of purchase there was some trouble in the said motorcycle but inspite of repeated request the agency and its service Centre could not remove the said problem and lastly after lapse of one year four months (1 year 4 months) the complainant approached  the o.ps and thereafter aforesaid motorcycle  of complainant was sent to service centre on 20-07-2013. The further case is that at the time of servicing of the motorcycle, technician/Mechanic told the complainant about the manufacturing defect inside the engine. The further case is that in the service centre after checkup it has been found that   there is manufacturing defect in the said motorcycle. The further case is that the complainant requested the technician of the o.p. service centre, Muzaffarpur to remove the said manufacturing, defects on which he said the complainant to get the same removed on your own cost although according to warranty Policy, if the defect is manufacturing then the authorized workshop will change the same free of cost. The further case is that in spite of repeated request made by the complainant the o.p no.-3 and its service centre are giving pressure to the complainant to bear the cost and not ready to remove the said manufacturing defects so complainant  sent a legal notice on 21-07-2013. The further case is that the o.ps received the same notice but they didn’t give any reply of the said nor they have taken any step regarding the aforesaid request of the complainant.

The complainant has filed the following documents with the complaint petition- Photocopy of conditional Registration Certificate.–annexure-1, photocopy of    payment receipt annexure-2, photocopy of delivery challan  annexure-3, photocopy of Invoice  -annexure-4, photocopy of  Gate Pass annexure-5, photocopy of  warranty policy  annexure-6, photocopy of  legal notice annexure-7, photocopy of  postal receipt annesxure-8, photocopy of  fax log for annexure-9.

On issuance of notices, o.ps appeared and filed their w.s. on 27-12-2013 with prayer to dismiss the complaint with exemplary cost of Rs. 10,000/-. It has been mentioned in the w.s. that o.p no.-3 has solved the problem as sought by the complainant. The complainant has raised objection of defect after 8 months of purchasing the motorcycle but there is no manufacturing defect in the same. It has been further mentioned that due to improper maintenance, the defect had come which was removed by service centre. It has been further mentioned that the complainant had left the vehicle in service centre after removal of the defect, in spite of sending registered letter to him. It has been further mentioned that the complainant is Advocate and he has filed the complainant on baseless grounds. It has been further mentioned that there is no deficiency in service on part of o.ps and the complainant has not obtained expert opinion on the point of defect.

Purchasing of motor cycle  from o.p no.-3 has not been disputed by the o.ps in  their w.s. it is also an admitted fact that the complainant handover his motorcycle  in the service centre of o.ps for some defect. The o.ps have mentioned in their w.s. that o.p no.3 repaired the vehicle in time  and informed the complainant by registered post but the complainant has not taken away the vehicle from his service centre. The complainant has annexed the photocopy of warranty policy as annexure-6 and photocopy of letter dated 15-12-2013 issued by Prasant Honda Muzaffarpur to the complainant. On perusal of warranty policy annexue-6, it transpires that there was warranty of maximum 24 months or within running of 32000/- K.M. for manufacturing defect and it has been mentioned in the warranty policy that  the same be replaced/repaired in the authorized workshop free of cost.  From the w.s. of the o.ps it transpires that there was some defect in the motorcycle.  The o.p no.-3 service centre is expert to find out as to whether there was any manufacturing defect or not and it was his duty to prove the same. The o.p no.-3 service centre has removed the defect by repairing the vehicle and as per letter of o.p i.e Prashant Honda dated 12-12-2013 it transpires that he charged Rs. 7678/- for repair. It is not dispute that the vehicle in question was not provided within warranty period, so if the vehicle was handedover to o.p no.-3 to repair the same, he was duty bound to repair the same free of cost, as per terms of the warranty but o.p no.-3 didn’t do so and as such there is deficiency in service on his part.

In the circumstances complaint petition is allowed and the o.ps are directed to handeover the vehicle in question  to complainant after repairing without charging any fee within 2 months from the date of receiving the copy of the order failing which he shall be responsible to pay amount Rs.65941/- as motorcycle cost., Rs. 20,000/- as mental and physical harassment, Rs. 10000/- as litigation cost. from the date of filing of complaint petition  i.e 01-08-2013 till realization. Let a copy of this order to be furnished.