BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 32 of 2015.
Date of Institution : 2.2.2015.
Date of Decision : 8.9.2016
Raj Kumar son of Kushal Chand, resident of village and post office, Bani, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
- Telmos Automobiles Private Limited, office at Near Shakti Motors, Dabwali Road, Sirsa through its Prop./ Authorized person.
- Honda Motor Cycle and Scooter India Pvt. Limited Plot No.1, Sector-3, IMT Manesar, District Gurgaon, through its Prop./ Manager/ Authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL………..……MEMBER.
Present: Sh. Rajeev Sharma, Advocate for the complainant.
Sh. J.B.L. Garg, Advocate for opposite parties.
ORDER
Case of the complainant, in brief, is that the complainant purchased a Motor cycle make Honda CB Shine from opposite party no.1 on 30.6.2014 and op no.1 had given one year guarantee. The complainant got service of the motor cycle from op no.1 being authorized agency of company. The op no.1 serviced the motor cycle and charged the amount for change of engine oil. The complainant when plied the motorcycle to some extent, he was shocked to find that motor cycle gone out of order. Then the complainant on checking came to know that op no.1 failed to put fresh oil in the engine after charging the amount for the same and delivered the motor cycle without engine oil and resultantly the engine was seized. The opposite party no.1 has failed to replace the motor cycle despite above said deficiency in service and refused to replace the same. The complainant also spent an amount of Rs.2000/- on the registration of motorcycle and also spent huge amount on insurance. The complainant is entitled to replacement of motor cycle alongwith compensation of Rs.50,000/- for harassment and is also entitled to litigation expenses. Hence, this complaint.
2. Upon notice, opposite parties in their joint written statement have pleaded that op no.1 while conducting the service duly changed the old mobil oil with fresh oil. The complainant at the time of taking delivery had taken the test ride and after his full satisfaction with the performance of vehicle, he took the delivery of motor cycle and did not make any complaint about its performance at that time. The motorcycle of complainant is fit and fine and is working properly and same does not require any replacement. There is no deficiency in service on the part of ops.
3. The complainant in his evidence has placed on file affidavit of Hira Lal son of Diwan Chand as Ex.CW1/A, his own affidavit Ex.C1, copy of registration certificate Ex.C2, copy of legal notice Ex.C3, postal receipt Ex.C4, copy of invoice dated 28.10.2014 Ex.C5 and copy of insurance cover note Ex.C6. On the other hand, ops placed on file affidavit Ex.R1, reply to legal notice Ex.R2, copy of postal receipt Ex.R3 and copy of job card dated 28.10.2014 Ex.R4.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. There is no dispute that the complainant had purchased the motorcycle in question from op no.1 on 30.6.2014. The motorcycle in question was serviced on 28.10.2014 as is evident from job card Ex.R4 in which it is mentioned that engine oil was changed and besides that some other problems of chain cover sound, backlight sound and rear fender sound were rectified. Except the oral assertion of the complainant, there is nothing on file to suggest that engine of the motorcycle was seized due to non filling of fresh engine oil by op no.1. No such mechanical report/ expert opinion has been placed on file by complainant that engine of the motor cycle is seized. So, in our considered opinion, the end of justice would be met if the opposite parties are directed to remove defect, if any from the motor cycle in question free of costs. As such, the complainant will be required to take the motor cycle in question in the authorized agency/ workshop of the opposite parties upon which the opposite parties jointly and severally will make the motorcycle in question defect free after necessary repairs and replacement of parts, if any free of costs within a period of one month. The present complaint stands disposed of accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:8.9.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
