Presented by Sri G. S. Pradhan, President. <br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act and its brief fact is as follows:-<br /> <br /> The Complainant purchased a Honda Unicorn motor cycle bearing Engine No. KC09E-4027299 and Frame No. ME4KC098G-78024639 on Dt. 31/07/2007 bearing Regd. No. OR-17-E-6281 on a sale consideration of Rs. 67,876/-(Rupees sixty seven thousand eight hundred seventy six)only from the 3rd Opposite Party, dealer with the Ist Opposite Party as manufacturer. As per the technical specification of the motor cycle provided by the Opposite Parties, the said motor cycle should give milage of 60(sixty) Kilometer per liter but from the date of purchase the motor cycle is giving 25 (twenty five) to 28 (twenty eight) Kilometer average per liter. The Complainant repeatedly approached the 3rd Opposite Party. On advise of the service engineer at Bargarh, the Complainant took the motor cycle to the Second Opposite Party for 8(eight) items in between Dt. 15/10/2007 to Dt. 05/05/2008. The Complainant has also left the vehicle at the workshop of Second Opposite Party at Sambalpur for 7 (Seven) days for repair and solve the mileage problem. Ultimately the Second Opposite Party could not solved the problem and so the Complainant approached the Ist Opposite Party, manufacturer of the vehicle.<br /> <br /> The Complainant contends that in spite of best effort of the service engineer of the Opposite Parties the low milage problem of the motor cycle was not removed which apparently a manufacturing defect.<br /> <br /> There after the Complainant on Dt.26/05/2008 send pleader notice through his advocate to replace the defective motor cycle, which was replied by the Opposite Parties on Dt. 23/06/2008 for further check up of the vehicle.<br /> <br /> The Oppsoite Parties have sold the motor cycle having inherent, uncurable and manufacturing defect putting unnecessary harassment and monetary loss to the Complainant. So the Complainant approached this Forum claiming compensation for deficiency in service on the part of the Opposite Parties. Thereby the Complainant claims for replacement of the motor cycle in question by providing a defect free new brand motor cycle or to pay Rs. 67,873/-(Rupees sixty seven thousand eight hundred seventy three)only towards the price and Rs. 32,000/-(Rupees thirty two thousand)only compensation towards mental agony and litigation cost, with interest.<br /> <br /> The Opposite Parties filed written version stating that, there was no manufacturing defect in the motor cycle in question and the Opposite Parties has attended all complaints to the utmost satisfaction of the Complainant. As such there is no any deficiency in service on the part of the Opposite Parties. The Complainant has alleged that the vehicle is not giving the mileage as claimed by the Opposite Parties. Mileage of a vehicle depends upon so many factors such as driving condition, road conditions, load conditions, air pressure etc.. The alleged Complaints if any, caused are due to the latches or lapses on the part of the Complainant. In Order to satisfy the Complainant, minor adjustments were done from time to time even changed the carburetor free of cost.<br /> <br /> The vehicle was checked in the presence of the Complainant and has already conveyed his satisfaction over the Jobs per formed by the Opposite Parties. Since there is no any inherent technical defect or manufacturing defect and the Opposite Parties has attained all the complaints to his satisfaction there exist no ground for claiming replacement of the same or claiming compensation or any others relief as claimed in the complaint.<br /> <br /> The Opposite Parties prays for dismissed of the complaint with cost.<br /> <br /> After conclusion of the hearing of the matter the Advocate for the Opposite Party filed some copies of documents which was not taken into consideration.<br /> <br /> Perused the complaint petition, Opposite Party's version as well as copy of documents filed by the Parties in respective of their case and find as follows:-<br /> <br /> Purchase of Honda Unicorn motor cycle from the Opposite Party No.3(three) dealer of the Ist Opposite Party the manufacturer, for a sum of Rs. 67,873/- (Rupees sixty seven thousand eight hundred seventy three)only is not disputed by the Opposite Parties. The Complainant has purchased the vehicle with a hope, the motor cycle will give 60(sixty) Kilometer per liter as claimed by the Opposite Parties. But the vehicle gave a poor mileage. The Complainant made complain before the Opposite Parties to solve the problem of poor mileage. The Complainant made complaint as many as eight times about the poor mileage which also proves by the certificate Dt. 05/05/2008 of service manager of the Company. It is also not disputed that the Opposite Parties has attained all the complaints of poor mileage of the vehicle in question and removed the carburetor free of cost. The Opposite Party No.2(two) kept the vehicle in his workshop for seven days. But still the problem of poor mileage of the vehicle was not removed. Which proves that there is some inerrant defect in the motor cycle.<br /> <br /> As the said motor cycle has got manufacturing defect, the Complainant served pleader notice Dt. 26/05/2008 to the Opposite Party No.1(one), the manufacturer requesting either to replace the motor cycle of a new one or refund the price of the motor cycle but on Dt. 23/06/2008, the Opposite Party No.1(one) asked the Complainant by letter to again checkup the vehicle in their Bargarh or Sambalpur service station. The Opposite Party has also not denied regarding 60(sixty) Kilometer average per liter of Petro as per the technical specification of the company.<br /> <br /> After several complaints of poor mileage made by the complainant was attained by the Opposite Parties and also after keeping the motor cycle to seven days in their work shop for testing the poor mileage problem as per their technical specification of Honda Unicorn motor cycle could not be rectified by the Opposite Parties due to inherent defects of the motor cycle which amounts to deficiency in service on the part of the Opposite Parties.<br /> <br /> In view of above discussion the complaint is allowed and order as follows:-<br /> <br /> The Opposite Parties are directed jointly and severally to refund the purchase price of the Honda Unicorn motor cycle i.e. Rs. 67,873/-(Rupees sixty seven thousand eight hundred seventy three)only and a sum of Rs.5,000/-(Rupees five thousand)only to the Complainant, as compensation and litigation cost of the case, within one month from the date of Order, failing of which total amount will carry 12%(twelve percent) interest per annum till the date of payment. <br /> <br /> The Complainant is directed to handover the defective Honda Unicorn motor cycle bearing Engine No. KC09E-4027299, Frame No. ME4KC098G-78024639 and Regd. No. OR-17-E-6281 to the Opposite Party No.3(three), on receiving of the amount from the Opposite Parties.<br /> <br /> Complaint allowed and disposed of accordingly.