Haryana

Ambala

CC/245/2016

Vipul - Complainant(s)

Versus

Royal Motors - Opp.Party(s)

Aditya Verma

02 Jun 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 245 of 2016

                                                          Date of Institution         : 09.06.2016

                                                          Date of decision   : 02.06.2017

 

1. Vipul son of Sh. Basant Kumar aged about  25 years resident of H.No.48, Ashok Nagar,  Mahesh Nagar, Ambala Cantt.

……. Complainant.

 

1.  Royal Motors Ambala having office at Ambala Chandigarh Highway, near       Passport Office, Baldev Nagar, Ambala City.  

2.  Royal Motors 170/10, Rai Market, Ambala Cantt (Haryana).

3.  Royal Enfield (A Units of Eicher Motors Limited), Tiruvottiyur High Road,      Tiruvottiyur, Chennai-600019.

 

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                   MS ANAMIKA  GUPTA, MEMBER       

 

Present:       Sh. Aditya Verma, counsel for complainant.

                   Sh. B.S. Jaspal, counsel for OPs No.1 and 2.

                   Sh. Kiran Pal Saini, counsel for OP No. 3.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant had purchased a Royal Enfield Motorcycle from OP NO.1 vide invoice No. INV5741151600148 dated 13.06.2015 for sum of Rs.1,26,482/- and the next day of purchasing the motorcycle from OP NO.1, the complainant observed that there is very huge shivering/vibrating problem in the handle of the motorcycle while riding on it. Further submitted that the complainant just on the very next day of purchase wrote one E-mail to OP No.3 and narrated the problem in the motorcycle and the motorcycle of the complainant was got examined by the OP No.1 but the problem in the motorcycle still persisted. Thereafter, complainant wrote series of emails to the OP No.3 but the defect in the motorcycle could not be resolved by the OP No.1. Hence, the present complaint.

2.                Upon notice, Ops No.1 & 2 tendered their reply raising preliminary objections qua maintainability of complaint &. On merits, it has been submitted that the motorcycle sold to the complainant is very good quality and is popular brand and there is no defect in the motorcycle in question.

                   On the other hand, counsel for OP No.3 has also tendered his reply raising preliminary objections qua maintainability of complaint and no cause of action. On merits, it has been submitted that there is no defect in the motorcycle in question and the same is of best quality of India. Further submitted that the complainant had not got service of the vehicle from the Ops and as per the warranty services are mandatory within time limit or killo-meter and booklet given to the complainant clearly shows that if the services are not got done in time in that case company is not liable. So, the Ops has prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-11 and close his evidence. Thereafter, counsel for complainant has moved an application for appointment of Local Commissioner and same is allowed v.o.d. 30.12.2016. Report of Local Commission has been placed on record, upon which counsel for OPs No.1 and 2 has tendered a statement that they are ready to repair the motorcycle in question free of costs and solve the problems of the complainant. Complainant has not filed any objection against the report of Local Commissioner.

4.                We have heard counsel for the parties and carefully gone through the case file. The grievance of the complainant is that the complainant had purchased a Royal Enfield Motorcycle from OP NO.1 vide invoice No. INV5741151600148 dated 13.06.2015 for sum of Rs.1,26,482/- as per Annexure C-10 and from the very beginning, the motorcycle in question started giving problem in handle of the motorcycle while riding on it. We are gone through the report of Local Commissioner dated 14.02.2017 which stays that After serving prior notice to counsels of both the parties (Annexure I-1), the Royal Enfield Motor Cycle bearing Chassis No.ME3U3S5C1FF226137 was inspected qua manufacturing defect or technical defect in the presence of representative of the complainant, respondent 1 and respondent 2 and Respondent 3 (Annexure 1-2) on dated 13.02.2017 and following conclusion were drawn:

          1.       There is slight deviation towards right side during bike derving and it may be cause due to following reason:-

          A       Poor front suspension

          B       Defected Rim and Tyre

          C       Defected Handle

                   All above parts are repairable/changeable hence it is recommended that corrective action may be taken for fault removal.

                   Both parties have not filed any objections against the report of Local Commissioner rather counsel for OPs has given a statement that we are ready to repair the defects of motorcycle in question shown in the report of Local Commissioner.

5.                In view of statement of counsel for the Ops and in the interest of justice, OPs are directed to rectify the defect of motorcycle mentioned in the report of Local Commissioner dated 14.02.2017 and make the same roadworthy free of costs.                                                                                                                             Hence, the present complaint is disposed of accordingly. Copies of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on :02.06.2017                           

                                                                                    (D.N. ARORA)

                                                                                       President

 

    

             (PUSHPENDER KUMAR)

                                                                                       Member

 

 

                                                                       (ANAMIKA  GUPTA)

                                                                                      MEMBER