Orissa

Cuttak

CC/7/2015

Jaya Jagadish Padhy - Complainant(s)

Versus

The H R Manager,Honda MotorCycle & Scooter India (Pvt ) Ltd - Opp.Party(s)

S R Subudhi

06 Mar 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.07/2015

Jaya Jagadish Padhy,

At:Basudev Nagar,PO:Engineering School,

Khodasingi,Berhampur,P.S:B.N.Pur,

Dist:Ganjam,

At present Res. at H/O:Prasant Ku. Behera,

Oriya Bazar,Gouda Sahi,

PO:Buxi  Bazar,PS:Durgha Bazar,

Town/Dist:Cuttack.                                                                          … Complainant.

 

                Vrs.

 

1.        The H.R.Manager,

Honda Motorcycle and Scooter India (Pvt.) Ltd.,

Plot No.1,Sector-3,IMT Manesar,

Dist:Gurgaon,Haryana.

 

2.           The Manager,

S.G.B.L  Automobiles Pvt. Ltd.,

Sati Choura Chhak,Shelter Chhak,

Town/Dist:Cuttack.                                                                         … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

Date of filing:   20.01.2015

Date of Order: 06.03.2017.

 

For the complainant:   Mr. Saroj Ranjan Subudhi,Adv. & Associates.

For O.Ps(O.P.1 & 2 ) :   Sri R.K.Pattnaik,Advocate & Associates.

 

Sri Bichitra Nanda Tripathy,Member.

                This case is against deficiency in service on the part of O.Ps.

1. Shortly the case is that the complainant purchased a motorcycle i.e. C B Unicorn (CBF 150 MA) from O.P No.2 on 9.12.2013. (Annexure-1).   The said motorcycle was registered with RTO, Cuttack vide Regd. No.OD-05F-2610(Annexure-2).  The complainant had lodged complaint regarding gear slippage during free services but it was not rectified.  On 30.10.2014 the complainant received a mobile message from O.P No.2 regarding paid services and handed over the vehicle at the service centre of O.P No.2 and O.P No.2 estimated the repair cost which was about Rs.10,000/-.  Although the complainant intimated O.P No.2 that the vehicle was well within the warranty period which should have been repaired free of cost, the O.P No.2 did not agree for free service for which the complainant was forced to repair the said vehicle by paying a sum of Rs.10,449/-  on 15.10.2014(Annexure-3).  The complainant sent a  legal notice to O.P No.2 for the above act of the O.P No.2 which yielded no result. (Annexure-4).  Finding no other way the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps to refund Rs.10,449/- with interest @ 12%, to pay Rs.75,000/- towards deficiency in service and Rs.5000/- towards litigation expenses.
2. Vide written version dt.15.7.2015 the O.Ps have intimated that the complainant has availed 4 nos. of free services on 6.1.2014, 6.3.2014, 8.5.2014 and 8.7.21014 but the complainant has denied to change the engine oil during such free services.  On 30.10.2014 the vehicle was brought for repair with O.P No.2 where it was observed that the engine of the vehicle was seized due to want of engine oil for which the engine needed repair and overhauling.  The complainant has never changed the engine oil which should have been changed during regular intervals.  During every service reporting’s the complainant has denied to change the engine oil in the workshop.  As a result of which the engine was seized.  For such negligence on the part of the complainant the vehicle was not covered under warranty and was repaired on payment basis.
3. We have gone through the case in details, perused minutely the documents/papers as submitted by the complainant and as well as by the O.Ps, heard the learned advocates from both the sides at length and have observed that the complainant has paid a sum of Rs.10,449/- towards repair of his motorcycle which was purchased on 9.12.2013.  The said vehicle was covered under warranty for one year.  The O.Ps have not produced any record relating to refusal made by the complainant to change the engine oil during various services.  The O.Ps have also failed to produce any such letter addressed to the complainant to this effect.  O.Ps have also not produced a single “Job card” or any other documents where it is recorded that the complainant has refused to change the engine oil at the time of availing free services.  The vehicle was under warranty for a period of one year and the complainant has paid the expenses worth Rs.10,449/- for repair of the vehicle within the warranty period as per bill given by O.P No.2 on dt.15.11.2014.
4. Basing on the facts and circumstances as stated above and to meet the ends of justice, we have observed that the O.Ps are found deficient in service to the complainant since the O.Ps have charged repair cost during the warranty period without a just reason.

ORDER

O.P No.2 will refund a sum of Rs.10,449/- to the complainant along with interest @ 10% per annum from the date of payment  i.e. 15.11.2014 till date of final payment.  O.P No.2 will also pay a sum of Rs.5000/- to the complainant towards cost of litigation within 45 days of receipt of copy of this order, failing which the complainant is at liberty to take shelter of this Forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 6^th day of March,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                     Member.

                                                                                           

                                                                                                    (  Sri D.C.Barik )

                                                                                                            President.

 

                                                                                                      (Smt. Sarmistha Nath) 

                                                                                               Member(W).