Haryana

Ambala

CC/319/2015

Pardeep Kumar - Complainant(s)

Versus

Tha Manager,Guru Nanak Honda - Opp.Party(s)

In Person

22 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 319 of 2015

                                                          Date of Institution         : 09.11.2015

                                                          Date of decision   : 22.11.2016

 

 

          Pardeep Kumar S/o Sh. Puran Chand, Resident of Village Budhian, Tehsil-       Barara, Distt. Ambala.

……. Complainant.

 

 

1.       The Manager, Guru Nank Honda, Near Bus Stand, Barara Distt. –Ambala        (Through its Manager)

 

2.       Auto World, 116-B, Jawahar Lal Nehu Marg, opposite, Capital Cinema Ambala Cantt (Through its M.D./Manager)

 

3.       The Managing Director, Honda Motors Cycle & Scooter India Pvt. Ltd, Plot     No. -3, IMT, Manesar Gurgaon, Haryana (Through its M.D.)

 

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                           

 

 

Present:        Complainant in person.

                   Ops proceeded against exprate v.o.d. 18.03.2016.

 

ORDER:

 

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a scooter (Avitter) bearing chasses no. 8218717, Engine                           No. 80260536 for Rs. 50,280/- dated 23.03.2015 from the OP no. 1 vide invoice no. 14INO5189  which was having two years warranty. At the very beginning, the complainant faced the Engine Knocking noises and the Op no. 1 and 2 assured that said problem removed after the first service of the scooter but after one or two services and after changing the crank shaft of the scooter vide invoice no. 151W10394 dated 17.09.2015, the Ops failed to remove the defect of the scooter and failed to provide the services as per their promises. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against exparte vide order dated 18.03.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X  along with documents as annexure C-1 to C-4 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of complainant is that the complainant had purchased a scooter (Avitter) bearing chasses no. 8218717, Engine                           No. 80260536 for Rs. 52,280/- dated 23.03.2015 Annexure C-1 from the OP no. 1 vide invoice  no. 14INO5189  which was having two years warranty. At the time of arguments, the complainant moved an application to get the vehicle inspect and same was allowed by this Forum v.o.d. 04.08.2016 and directed to the Principal of Govt. Polytechnic, Ambala City v.o.d. to appoint an Automobiles Engineer/Expert person dealing with the problems of the automobiles. Accordingly, Sh. Ravinder Singh, Lecturer, Automobiles Engineer was appointed as Local Commissioner who tendered his report on 15.09.2016 whereby he has pointed out that: There was an unwanted noise in the form of Knocking in engine. During road test it was found, that suspension system of two Wheeler is defective. Vibration in handle was there during road test. Since, the above said defective components are not working according to their designed function, so they are considered to possess manufacturing defects.  The Ops has not rebutted the report of Local Commissioner. We have gone through the report which clearly shows that the vehicle in question was making the noise in the engine, suspension system was defective, there was vibration in handle of the vehicle and the components  were not working according to their designed function, so  the vehicle  was having manufacturing defect. So,  it is a crystal clear case of deficiency in service as well as unfair trade practice on the part of the Ops.

5.                In view of above discussion, the present complaint is hereby allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      The Ops are directed to replace the vehicle in question with new one of the same Model and if the same model is not available then to refund the cost of the vehicle to the tune of Rs.50,280/- (Annexure C-1) alongwith interest at the rate of 9% per annum from the date of complaint till its realization.

(ii)     Also to pay a sum of Rs. 3000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :22.11.2016                

                                                                                       Sd/-

                                                                              (D.N. ARORA)

                                                                                       President

 

                  Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member