West Bengal

Bankura

CC/11/2020

Ismail Khan - Complainant(s)

Versus

Raikishore Automobiles Authorised Representative of Dealer Hero, Kotulpur - Opp.Party(s)

Self

04 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

 Consumer  Complaint  No. 11/2020

Date of Filing : 07.02.2020

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

 

For the Complainant: Self

For the O.P. None

Complainant

Ismail Khan, S/o Ajid Khan, Village – Mamruchak, P.O. & P.S. Kotulpur (722141), District - Bankura.

 Opposite Party

1. Raikishore Automobiles (Authorised Representative of Dealer Hero, Kotulpur) P.O. & P.S. Kotulpur (722141), District - Bankura.

2. Hero Motor Corp. Ltd., Flat No.1002, 10B Floor, Martin Burn Business Park, BP3, Salt Kake, Sector – V, Kolkata - 700091.

3. L & T Finance Ltd., N-36, Landmark – II, Sahid Khudiram Sarani, City Centre, Durgapur – 713216, Purba Burdwan.

 

Order No.21,

Dt.04- 01 -2023

Complainant is present by filing hazira.

No step is taken on behalf of any O.P.s.

In view of the conditional order passed on 23-11-2022 the Commission decides to proceed Ex-parte against the O.P.s

The complainant case is that he purchased a two wheeler XTREME NEW DOUBLE DSS 200 CC from O.P. No.1, financed by O.P. No.3 on 29-03-2019 for Rs.88,900/- under proper receipt and on the same date O.P. No.1 issued one Sale challan of the said two wheeler for Rs.1,18,200/- including Insurance, Registration Certificate and other charges. But from the beginning of the purchase the two wheeler developed various problems and service was done at different authorized Service Centres on different dates but the problem still persisted for which the complainant cannot effectively run the two wheeler.                                 

                                                                                                                                                                                      Contd……p/2 

Page: 2

The complainant has therefore approached this Commission for replacement of the two wheeler by new one or to refund the entire price of the transaction i.e. Rs.1,18,200/- with compensation of Rs.50,000/- and Litigation cost.

Out of three O.P.s O.P. No.2 who is the Manufacturing company of the two wheeler filed written version denying all the allegations made in the complaint and also disowning their liability for any of the reliefs claimed by the complainant as there is no allegation of manufacturing defects of the said two wheeler.

On perusal of the complaint and the documents therewith the Commission finds that the two wheeler in question has no manufacturing defects and as such O.P. No.2 has no liability in this case. O.P. No.3 being the Financer has nothing to do with the complaint.

So far O.P. No.1 who is the Dealer of the two wheeler is concerned it is clear from the service report that the two wheeler in question was placed for service on various dates namely 5/7/19, 21/7/19, 9/8/19, 20/8/19, 23/8/19 and 7/10/19 before the Service Centres namely Auto Link, Super Auto, Dutta and from the service details it reveals that the disputed two wheeler had undergone different services for some technical defects. The O.P. No.1 being the dealer cannot disown its liability in this case as in the same year of purchase the two wheeler was to be gone through different servicing to make it motorable. This is the only solitary fact which can justify the claim of the complainant that the two wheeler was not in good condition at the time of sale and it was a defective product sold by O.P. No.1 to the complainant without taking proper care of its service and repairing. All the technical defects developed during the Warrantee period and as such O.P. No.1 has a liability to render satisfactory service to the two wheeler to make it in running and motorable condition or to refund the entire transaction price of Rs.1,18,200/- to the complainant. It is a clear case of product liability action within Section 83 of Consumer Protection Act, 2019 which provides that a product liability action may be brought by a complainant against a product seller for any harm caused to him on account of a defective product.

The prima-facie case of the complainant is thus established and he is entitled to get the reliefs as prayed for.

                                                                                                                                                                                       Contd……p/3

 

                                                                                                      Page: 3

Hence it is ordered…….

That the case be and the same is allowed Ex-parte against O.P. No.1 and dismissed against O.P. No.2 & 3.

O.P. No.1 is directed to replace the defective two wheeler with a new one of the same Model within two months from this date in default O.P. No.1 is to pay the entire transaction price of Rs.1,18,200/- to the complainant with compensation of Rs.10,000/-  and Litigation cost of Rs.5,000/- within two months thereafter after taking delivery of the defective two wheeler with all papers from the complainant as it is. The complainant is at liberty to put the decree in execution in case of non-compliance of the order by the O.P.

Both parties be supplied copy of this judgement free of cost.

 

                                                   ____________________                                                   _________________                    

                                                 HON’BLE   PRESIDENT                                              HON’BLE MEMBER