Orissa

StateCommission

A/492/2009

Honda Motorcycle and Scooter India Pvt. Ltd., - Complainant(s)

Versus

Sh. Nabin Kumar Hota, - Opp.Party(s)

M/s. R.K. Pattnaik & Associates.

10 Jul 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/492/2009
( Date of Filing : 17 Jun 2009 )
(Arisen out of Order Dated 24/04/2009 in Case No. CD/59/2008 of District Bargarh)
 
1. Honda Motorcycle and Scooter India Pvt. Ltd.,
Plot No. 1, Sector-3, IMT Manesar, Gurgaon, Haryana.
...........Appellant(s)
Versus
1. Sh. Nabin Kumar Hota,
S/o- Sh. Ishwar Hota, Shibanand Nagar, Ward No.10, Bargarh.
2. Jas Motors.
N.H.-6, Near Ainthapali Square, Sambalpur.
3. Jas Honda
Bargarh, Near Kishori Nurshing Home, NH-6, Bargarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/s. R.K. Pattnaik & Associates., Advocate for the Appellant 1
 M/s. S.C. Mohanty & Associates., Advocate for the Respondent 1
Dated : 10 Jul 2021
Final Order / Judgement

                      

         The matter is put up in National Lok Adalat.

          Learned counsel for the appellant is present on V.C. He submits that in the spirit of Lok Adalat they are ready to repair the Honda Motor cycle without charging any cost after keeping the parts without any charge  and the impugned order may be modified accordingly instead of asking to refund the purchase price of the motor cycle.

                The respondent is absent. However, on perusal of the impugned order it appears that no expert opinion has been obtained to find out whether the motor cycle has got manufacturing defect to show particular damage. However, in the spirit of Lok Adalat  the submission of the learned counsel for the appeal is accepted without prejudice to the rights of the respondent and  while affirming the impugned order the OP is directed to repair the motor cycle of complainant by changing the parts without insisting to pay charges for the same by the complainant within 40 days from the date of receiving the vehicle and at the same time he should pay  compensation of Rs.5000/- to the complainant within that period. Complainant is directed to produce said motor cycle with OP within 30 days  from today.

       The appeal is disposed of with modification in the National Lok Adalat held today.                      

 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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