Jharkhand

Bokaro

CC/16/96

Suchand Prajapati - Complainant(s)

Versus

Showroom, Premsons Honda - Opp.Party(s)

27 Jun 2018

ORDER

          Complainant Suchand Prajapati has filed this complaint for change of Motor Cycle or return of the amount Rs. 58,978/- with 18% interest and compensation of Rs. 20,000/-.

2          The case of the complainant in short is that he purchased a C.D. Shine Drum Motorcycle on payment of Rs. 58,978/- on 25.04.2016.

            From the very beginning of purchase there was technical fault in the bike pulling towards right side, which was complained orally to the Manager of O.P. Thereafter, the bike was handed over to the O.P. authorized service centre and was returned back after repair.

            Again on 02.08.2015 the Motorcycle/bike was handed over to showroom of O.P. where the Chief Engineer of O.P. examined the bike. The Chief Engineer did not find any problem and the bike was delivered to the complainant.

            It has been alleged that even after several services and assurance by the O.P. they have failed to rectify the problem. This is deficiency in service due to which the complainant has suffered mental agony and harassment , hence this case has been filed.

3          The following documents have been filed in support

Anx-1 Copy of Delivery Challan dt. 25.04.2016.

Anx-2Copy of Sale Certificate.

Anx-3 Copy of Certificate cum Policy schedule.

Anx-4 Copy of Certificate of Registration.

Anx-5 Copy of Tax Invoice.

Anx-6 Copy of letter of complainant to the O.P. No.2 dt. 16.07.2016.

Anx-7 Copy of letter of complainant to O.P. No. 1 dt. 20.07.2016

Anx-8 Copy of Notice to the O.P. dt. 01-09-2016

            Complainant relies upon the Law in Maruti Suzuki India Ltd. Vrs. Jasvindar Singh and others on 04 Oct. 2017.

4          O.P. No.1 and 2 appeared and filed W.S. It is submitted that the complaint is not maintainable as there is no valid cause of action against this O.P. The alleged problem of the bike was thoroughly checked by O.P. No.2 and no problem was found but the complainant was not satisfied therefore, the service engineer was called and after thorough check up by the service engineer and several trials by expert and experienced mechanics, no problem was found.

It is also submitted that O.Ps. had provided all sort of services without any charges to the complainant. There is no problem in the bike, hence this complaint petition cannot be considered and  is liable to be dismissed.

Anx-A&A/1 Original Job Cards vide No. 37986 and 42534 and Anx-B, Copy of vehicle service history have been filed by the O.Ps. in support and also evidence on affidavit  has been filed.

                                                            F I N D I N G S

5          We perused the case and documents filed and we hold that the complainant is a consumer and the alleged dispute comes under the purview of consumer dispute.

6          The main dispute is about the bike pulling towards right side for which change of bike or return of amount alongwith compensation has been claimed.

 

            On perusal of Anx-A, it is clear that no pulling problem was found. More over, the Vehicle Service History Anx-B also shows that when ever the bike, produced before the O.P., it was well attended and repaired.

            Complainant has also admitted that the vehicle was checked by the chief service Engineer of O.P. who did not find any pulling problem in the bike.

7          Thus after going through the entire documents, we do not found any deficiency in service and technical fault on the part of O.P.

8          Thus we hereby hold that the claim of the complainant is not maintainable and accordingly it is dismissed.