O R D E R

By Sri. Ram Mohan R, Member :

1. Summary of the complaint, as averred :

          The complaint is filed under section 12(1) of the Consumer Protection Act. The complainant on 04/06/13 purchased a Motor Cycle with Model name ‘Dream Yuga’ manufactured by Honda Motor Cycles India Ltd., paying a price of Rs.52,290/- from the opposite party. The Registration number of the Motor Cycle is KL-48-E-6607. The complainant alleges that the motor cycle started exhibiting complaints soon after its purchase. The alleged complaints are handle vibration, rusting of parts etc. Though the motor cycle was taken to the opposite party many times, defects/complaints were not rectified by the opposite party. The complainant alleges deficiency in service on the part of the opposite party and prays for an order directing the opposite party to properly repair the motor cycle or replace the motor cycle in question with a new one or refund the invoice price of the same, along with other reliefs of compensation.

2) NOTICE :

          Consequent to the complaint, Commission issued notice to the opposite party and the Managing Director of the opposite party filed the version.

          3) Version of the Opposite party :

          The opposite party denies all the alleged defects of the Motor cycle in question. They state that the motor cycle was brought to their firm only for the periodical services and on such occasions the complainant had not reported any of the defects alleged in the complaint. They also state that the complainant, w.e.f  19/01/17, sold the motor cycle in question to one Mr. Rajagopalan and hence the  complaint not maintainable.

          4) Evidence :

          The complainant produced documentary evidence that had been marked Exts.P1 to P4, apart from proof affidavit and argument notes. The opposite party produced documentary evidence that had been marked Exts. R1 to R4, apart from version, affidavit and argument notes.

          5) Deliberation of evidence and facts :

          The Commission had carefully delved in to the facts and evidence of the case. The documents on the part of the complainant are Ext. P1 copy of the Certificate of Registration of the Motor Cycle in question, Ext. P2 copy of the Certificate of Insurance in respect of the Motor Cycle, Ext. P3 copy of the Warranty Registration Card in respect of the Motor Cycle, Ext. P4  copy of the Invoice No. 01/HO-VSI 1222 dtd.04/06/13 issued by the opposite party in respect of the sale of the Motor Cycle in question. The documents on the part of the opposite party are Ext. R1 – Job Card dtd. 06/07/13 with pertinent bills, Ext. R2 – Job Card dtd. 13/07/13, Ext. R3 – Job Card dtd.01/10/13 with pertinent bills and Ext. R4 – copy of the Registration details of the Motor Cycle in question to evidence its ownership w.e.f. 19/01/17.

          The complainant by argument note denied the veracity of the Ext. R1 to R3 and argued that Ext. R1 to R3 do not bear thereon  details like job card number,  job supervisor’s name etc. But on scrutiny it is seen that Ext. R1 to R3 Job cards bear Job Card Numbers 42384, 42822, 48516 respectively and that the name of Supervisor / Technician has also been entered therein.

          6) Points of deliberation :

          (i)      Whether the complaint needs Commission’s consideration in the

                     wake of the complainant’s having sold the Motor Cycle in

                   question  w.e.f. 19/01/17 ?

                    If complaint warrants Commission’s consideration :

          (ii)     Whether the act of the opposite party is tantamount to deficiency in

                    service ?

          (iii)    Whether the complainant is entitled to any compensation ?  If so

                   the quantum of compensation ?

          (iv)    Cost of proceedings ?

          7) Point No.(i)

          The complainant has raised no objection against the veracity of the Ext. R4 document which evidences the ownership of the Motor Cycle in question by one Mr. Rajagopalan w.e.f. 19/01/17. The complainant has no claim that she has not sold it. With the sale of the Motor Cycle in question by the complainant, the complainant’s prayer relating to the repair / replacement / refund of invoice price, in respect of the same does not warrant the Commission’s consideration.  Hence we are not inclined to consider this aspect of repair / replacement / refund of invoice price in respect of the Motor Cycle. The complaint was filed on 11/10/13. Ext. P4 reveals that the change in ownership is w.e.f.19/01/17. The fact of the complainant’s having sold the motor cycle on a subsequent date as 19/01/17, does not deprive her of her claims, if any against the alleged deficiency in service and consequent claims if any, for compensation etc., as it relates to the period while the complainant held ownership of the Motor Cycle in question. Hence the complaint needs consideration with respect to the alleged deficiency in service or consequent claims of compensation. Hence point No.(i) is proved partially in favour of the complainant.

8. Point No.(ii)

          As point No.(i) is proved partially in favour of the complainant, the alleged element of deficiency in service on the part of opposite party is to be examined. Though the complainant alleges rusting of parts of the Motor Cycle in question, she has not produced any evidence to prove the same. In the absence of material evidence, the complainant failed to prove the allegations relating to the rusting of the Motor Cycle’s parts.

          But Ext. R1 Job Card unambiguously reveals that the complainant reported to the opposite party the problem of “running time missing” along with other problems on 06/07/13, while the Motor Cycle was brought for its 1^st service.

          Every rider, even if he is not a technical expert, knows that running time missing of vehicles and the jerking it creates will make the ride uncomfortable. Ext. R2 explicitly tells that the complainant had again to bring the Motor Cycle to the opposite party on 13/07/13, hardly a week after its 1^st service, with reported problems of “missing and vibration”. Ext. R2 reveals that the previously reported problem of running time missing was not properly repaired/rectified by the opposite party during the Motor Cycle’s 1^st service on 06/07/13. In Ext. R2, it is clearly indicated that the Motor Cycle was not brought for free service but for rectifying complaints. Thus this is evident that the complainant was forced to bring the Motor Cycle for repair even before its 2^nd service which is seen done only on 01/10/13 as per Ext. R3. The deficiency in service on the part of the opposite party is thus evident and is also proved under the principle of ‘res ipsa loquitur’

Moreover, Ext. R2 explicitly makes it clear that the complainant had reported the problem of “vibration” as on 13/07/13 itself. Ext. R2, thus refutes the statement of the opposite party that the complainant had not reported any of the problems to the opposite party while the Motor Cycle in question was brought to them for repairs /service. Even though the complainant by argument note denied the genuineness of the Ext. R1 to R3, Ext. R1 & R2 will go to prove that there occurred deficiency in service on the part of opposite party in their having not properly rectified the defects / problems reported by the complainant, in respect of the Motor Cycle in question. Hence point No.(ii) is proved in favour of the complainant.

          9) Point No. (iii) & (iv)

          Vehicle with complaints, especially with problems like ‘running time missing’ will certainly reduce the rider’s level of confidence while riding the vehicle. If such defects are not rectified, despite being reported to the service centres like that of the opposite party, it will add to the agony and hardship of the rider. Therefore we are of the considered view that the complainant is entitled to a sum of Rs.5,000/-(Rupees Five thousand only) towards compensation for the agony and hardship that she had undergone owing to the deficiency in service on the part of the opposite party and a sum of Rs.3,000 (Rupees Three thousand only) towards costs.

9. In the result,

1. The complainant’s prayer for repair/replacement/refund of invoice price of the Motor Cycle in question, is not considered in the context of the complainant’s having sold the same, subsequent to the complaint.
2. The opposite party is directed to pay to the complainant a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for the agony and hardship inflicted on her and a sum of Rs.3,000/- (Rupees Three thousand only) towards costs, both with 9% interest p.a. from the date of filing of the complaint till the date of realisation. The opposite party shall comply with the above direction within 30 days of receipt of a copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th day of May 2022.  

    Sd/-                                               Sd/-                                     Sd/-         

Sreeja S.                                   Ram Mohan R                         C. T. Sabu

Member                                          Member                                      President

                                                    Appendix

Complainant’s Exhibits :

Ext. P1 copy of the Certificate of Registration of the Motor Cycle in question Ext. P2 copy of the Certificate of Insurance in respect of the Motor Cycle

Ext. P3 copy of the Warranty Registration Card in respect of the Motor Cycle Ext. P4  copy of the Invoice No. 01/HO-VSI 1222 dtd.04/06/13 issued by the

             opposite party in respect of the sale of the Motor Cycle in question.

Opposite Party’s Exhibits :

Ext. R1 Job Card dtd. 06/07/13 with pertinent bills

Ext. R2  Job Card dtd. 13/07/13

Ext. R3 Job Card dtd.01/10/13 with pertinent bills

Ext. R4 copy of the Registration details of the Motor Cycle in question to

             evidence its ownership w.e.f. 19/01/17.

                                                                                                    Id/-                                                                                                          Member