DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, SAMBALPUR
C.C.Case No. 71/16
Jasobanta Samal,
S/o Narayan Samal,
Aged about 56 years. R/o City Railway station ,
Qtr. No 1, Type-III,Po-Dhankauda. P.S.Dhanupali,
Tahail,District- Sambalpur. …… …….. …. Complainant.
Vrs.
- Manager,Honda Motorcycle & Scooter India Pvt.Ltd. (HMSI)
Plot No.1, Sector-3,IMT lManesar,Dist-Gurgaon,Haryana, Pin-122050
- The owner /propitor Jas Motors, At-NH-6, Ainthapali,Po-Budharaja
Ps-Ainthapali,Dist,Sambalpur. ……………………Opp. Parties
For Complainant :P.B.Mishra, B.K. Guru, S. Tripathy And P.K. Mohapatra
For O.P.s. No.1 & 2 : B. Singh and associates
PRESENT:- SHRI A.P. MUND, PRESIDENT
SMT. S. TRIPATHY, MEMBER
SHRI K.D. DASH, MEMBER
Date of Order:08/07/2019
SHRI A.P. MUND, PRESIDENT
The case of the complainant is as follows:-
The O.P No. 1 is the manufacturer of HhhhONDA Scooters and the O.P No 2 is dealer at Sambalpur and providing sale service of Honda Scooter and Products.
`The complainant has purchased one Honda aviator from the show room of Op no.2 vide invoice No. 15IND01084 dt.27.09.2015 and got lit registered vide Regd. No. OD-15-E-0406. It was giving self starting problem with fault in the fuel meter.
This manufacturing defect has duly pointed out to the O.P No.2 and his service Centre several times.
`The mechanic of the OP No.2 could not rectify the problem in spite of three free services and one extra service of the vehicle that has been done on 25.10.15, 09.01.2016, 01.03.2016 and 13.05.2016 respectively and at all times, the complainant has informed about the aforesaid problem of self start and fuel meter defect but to no avail even if the vehicle is kept under their custody for 10 to 15 days for two times.
The complainant himself served a letter dated 27.04.2016 to the O.P No.1 requesting for looking after the issue and take necessary steps to rectify the manufacturing defects of the vehicle and the O.P.No.1 also attended the vehicle but could not rectify even after replacement of battery and fuel meter on 13.05.2016 service.
The complainant therefore prays for the following reliefs:
The O.P NO.2 be directed to return the entire cost of the vehicle (Including registration fees and insurance and accessories cost ) or replace the vehicle paying all the cost of required insurance and accessories.
The O.P’s be directed to pay Rs.5000/- towards cost of the case to the complainant.
The O.Ps be directed to pay Rs. 30,000/- towards compensation for mental agony, harassment, physical pain, loss of money and deficiency of services.
Any other reliefs may be deemed fit, proper and equitable in the eye of law as the complainant is entitled to.
Documents relied upon are:-
1. Xerox copy of Invoice challan and other receipts.
2. Xerox copy of R.C.Book.
3. Service record sheet attached by O.P.No.1.
4. Notice of OP No.2 to O.P.No.1
5. Reply letter of O.P No. 2
6. Change of defective battery.
7. Anyotherdocument as may be found relevant at the time of hearing.
The O.P No 1 & 2 file their written statement as follows:-
The amendment made in para 3 of the petition are false and denied. The complainant never complained about the starting trouble and defect in fuel meter on the very day of his purchase of the vehicle. The complainant only complained on 08.05.2016 when he came for 2nd service of the vehicle and due to non-availability of required part, the defects were removed on 13.05.2016 and after fitting of the new parts, he started the vehicle and went on. Besides on his telephonic complaint to the O.P.No 2, the vehicle was brought to his workshop for proper checking and maintenance and after due check up for two days, finding no problems in the vehicle, again it was returned to the complainant in starting and running condition.
That inspite of replacing of Battery and fuel meter, the complainant alleged about the manufacturing defect, is quite false and incorrect. The fact is that the complainant is not running the vehicle properly daily and regularly and keeping it idle in his house for days together, the battery did not work properly and as such there was starting troubles. So it is not a manufacturing defect. Within the period of warranty if any part found defective, O.P. No. 2 it can be replaced/ rectified such part of the vehicle but it is not the case that the vehicle be replaced. The O.Ps are ready to replace any defective parts of the vehicle with new one within the warranty period.
The O.Ps have provided good services towards the complainant and prays for dismissal of the complaint.
Heard argument from both the sides conducted by complainant himself and the Advocate for O.P. Nos. 1 & 2 who had jointly filed the written version. Went thoroughly the documents and written argument.
The issue to us is only one i.e. whether the complainant was harassed and whether unfair trade practice was employed by O.P.No 2.
This forum had intervened on behalf of the complainant and directed the O.P.No.2 to rectify the defect. In obedience O.P.no 2 rectified the defects and during course of argument the complainant opined that he was satisfied with the replacement of parts and further submitted that the impugned vehicle is running smoothly without any defect. Hence manufacturing defect is ruled out.
Regarding the issue framed above we consider it proper that after going through the complaint petition and written version that the O.P.No.2 has taken care to replace the defective part but to no avail. After direction/intervention by this forum the parts were properly replaced and the vehicle was cured of all defects. Hence the allegation of harassment sticks but we don’t find that the O.P.No.2 indulged in unfair trade practice.
We consider that the complainant has been harassed at seeing his new vehicle not coming up to his expectation. But the O.P No.2 has alleged that the vehicle was not running days together which might have contributed by the complainant himself. This was not refuted by the complainant during course of argument.
Hence we consider that, on the above facts, an amount of RS.1000/- will suffice to alienate injury of harassment suffered by the complainant.
Hence it is ordered O.P. 2 is to pay Rs.1000/- to the complainant within one month of passing of this order otherwise this amount will carry an interest of 12% from the date of order till payment.
Sd/-
SHRI A.P.MUND
Sd/- PRESIDENT.
SMT S.TRIPATHY. Member I agree.
Sd/- Sd/-
SHRI K.D.DASH. Member I agree. Dictated and corrected by me.
PRESIDENT
