West Bengal

Bankura

CC/15/2023

Mr. Bappaditya Das - Complainant(s)

Versus

The Director/ CEO, Classic Legends Engineers - Opp.Party(s)

Kajal Kumar Bhui

14 Mar 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 15/2023

   Date of Filing: 10/02/2023

 

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate  Kajal Kumar Bhuin

For the O.P. 1:  Ld. Advocate Gobinda N. Ghosal

For the  O.P.2:  Ld. Advocate Subrata Ghosh

Complainant

Mr. Bappaditya Das, S/O-Sri Mangobinda Das, Vill. & P.O.- Ratanpur, P.S.- Onda, District Bankura, PIN-722 152.   

Opposite Party                                                                                                                                        

1.The Director / CEO, Classic Legends Pvt. Ltd., DI Block, Plot No. 18/2 (Part), MIDC Chinchwad, Pune -411009

2. The Manager, The Ankur Engineers, Office at Rajmahal Road, Srinagar Pally, Benachity, Durgapur, W.B. Pin-713213. Head Office at Nababhat, G T Road, Purba Burdwan, Pin- 713101

3. The Service Manager, Kaira Autoex, Holding No. 595/1/A, Lalbazar, Bankura, P.O., P.S. & Dist- Bankura, Pin- 722101                                                                                                                                                       

 

FINAL ORDER / JUDGEMENT

Order No.13

Dated:14-03-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased a two wheeler Motor Cycle namely Yezdi Roadster Steel Blue under Invoice dated: 30/01/2022 for Rs.2,05,142/- from O.P. No.2 Dealer bearing Registration No.WB 68 AG 2128. But after purchase several technical defects cropped up causing great inconvenience and hardship to the Complainant to ply the motor cycle on road smoothly. On each occasion he placed the defective motor cycle for service and repair before O.P. No.2/O.P. No.3 Service Center but the problem could not be sorted out and the Complainant was put in great difficulties to make the motor cycle ply on road.  According to the Complainant a defective motor bike has been supplied to him by the O.P. No.2/Dealer without providing proper service and repair to the same either by O.P. No.2 Dealer / Service Provider or by O.P. No.3/Service Provider. The Complainant being frustrated has approached this Commission alleging unfair trade practice and deficiency in service against all the O.P.s including Manufacturing Co./O.P. No.1 with the prayer for replacement of the defective bike by a new one and adequate compensation for hardship and mental pain.

O.P. No.1 being the Manufacturing Co. has contested the case by filing a vocabulary written version full of case laws contending inter alia that they are not liable for alleged deficiency in service and unfair trade practice as no manufacturing defect was detected during the service and repairing of the motor cycle.                                                                                                                                                       

                                                                                                                                                                                          Contd…….p/2

Page: 2

O.P. No.2/Dealer also filed a written version denying all the material allegations made in the complaint with the assertion that the motor cycle has not been suffering from any defect far to speak about manufacturing defect and as such no product liability can be fastened upon them.

O.P. No.3/Service Provider did not file any written version.

-: Decision with reasons:-

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that the motor cycle in question has undergone a series of service and repair since purchase some of which are paid and some are statutory free service but unfortunately actual technical defect of the motor cycle could not be detected and the Complainant is not comfortable with the use of the same.

It is no doubt true as contended by the Ld. Advocate for the O.P. that without technical expert opinion it is difficult to identify manufacturing defect/inherent defect of the motor cycle. At the time of hearing the Complainant in person expressed his resentment and dissatisfaction over the manner in which motor cycle was casually serviced and repaired at the instance of O.P. No.2 and O.P. No.3. to make it fit for use on road. Several service reports on different dates since 30/01/2022 to 23/09/2022 which are on record justify the grievance of the Complainant. But the Ld. Advocate appearing for both O.P.s were fair enough to extend all possible co-operations in maintaining proper and satisfactory service and repair of the motor cycle of the Complainant to his satisfaction. In absence of any technical report on record the Commission is of the view that the extensive service and maintenance including repair and replacement of spare parts if necessary at the instance of O.P. No.2 Dealer/O.P. No.3 Service Provider is urgently required  in the given facts and circumstances of the case. O.P. No.1/Manufacturing Co. cannot however disown their product liability in such case and O.P. No.1 should also give its technical knowhow and guidance to O.P. No.2 and O.P. No.3 to put an end to the long standing animosity between the parties.

With this observation the case is disposed of on contest by directing the O.P. No.2/O.P. No.3 to provide extensive service and maintenance to all the technical problems/defects of the motor cycle in question jointly and severally at their own cost and expenses with replacement of spare parts if necessary in collaboration with O.P. No.1 within two months from this date in default law will take its own course.

Both parties be supplied copy of this Order/Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER