DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 25th day of January, 2024.
Present : Sri Vinay Menon .V, President.
: Smt. Vidya.A., Member.
: Sri. Krishnankutty N .K, Member.
Date of filing: 05.04.2023.
CC/95/2023
Santhosh Babu.K.K, Kizhakethil, -Complainant
Marayamangalam South,
Nellaya P.O, Nellaya Ottapalam Taluk,
Palakkad-679 335.
(By Adv.Haseena.K.A)
Vs
1. The Manager, Honda motorcycle and -Opposite Parties
Scooter Pvt. Ltd, Commercial Complex 2,
Sector 49-50, golf course,
Extension road, gurugram,
Haryana-122 018.
2. The Manager, A.M.Wings motors,
Pattani sons building,
modern medicare hospital,
manjakkal, Pattambi road,
Cherupplassery-679 503.
3. The Manager A.M. Wings two wheelers Pvt. Ltd.,
26/700, adjacent to subix part, soorya platinum,
Noorani, Palakkad-678 004.
(All OPs are ex-parte)
ORDER
By Smt.Vidya .A, Member.
1. Pleadings of the complainant in brief.
The complainant purchased a motor cycle of the brand HONDA SHINE DISC from the 2nd opposite party. The 1st opposite party is the manufacturer of the vehicle and the 2nd and the 3rd opposite parties are the dealers of the 1st opposite party. The complainant purchased the vehicle believing the promise made by the employees of the 2nd opposite party regarding the vehicles performance and service of the vehicle. The complainant paid an amount of Rs.18,000/- as down payment to the 2nd opposite party on 09.03.2022. But the vehicle was delivered to him 16.03.2022 only. After the first service of the vehicle, ie., on 23.04.2022, when the complainant was going for work in the vehicle, it suddenly turned off and was unable to restart it. He informed the 2nd opposite party and their employee took the vehicle and returned it after repair two days later. They assured him that they had rectified all the defects. The same issue happened after three days when he was travelling to Manjeri for his treatment. The issue was resolved by Honda Showroom, Angadipuram.
But the problem persisted. He informed the 2nd opposite party about this; but they handled the issue in a very irresponsible manner. Later on, they handed over the vehicle to the 3rd opposite party for repair. But they handled it with complete negligence and used it for their own needs. The complainant received a notice for violating traffic rules by driving it without helmet and when enquired about this, they denied it. The opposite parties did not give him the job cards and finally they gave it after making correction and cheated without issuing all the job cards. Because of the defective motor cycle and improper service, complainant suffered mental agony and financial loss.
So, he filed this complaint for;
1. Directing the opposite parties to give a new HONDA SHINE DISC vehicle in the place of old defective vehicle.
2. To pay Rs.5 lakhs as compensation for the financial hardship and mental agony and
3. To pay the cost of litigation.
2. The complaint was admitted and notices were issued to the opposite parties. Opposite parties 2 and 3 appeared and submitted that there is a chance for settlement. So, it was posted for “settlement”; but it was not settled. Opposite parties 2 & 3 did not file version and were set ex-parte. Though notice was delivered on the 1st opposite party through E-mail, they did not appear or file version and were set ex-parte.
3. Complainant filed proof affidavit and Exts.A1 to A11 were marked from his side and evidence closed.
4. Ext.A1 is the Tax Invoice dated 09.03.2022 issued by the 3rd opposite party for the purchase of the vehicle for an amount of Rs.83,442/-. Exts.A2 to A8 are the photocopies of the Job cards issued by the 2nd opposite party and Ext.A9 is the copy of the job card issued by the 3rd opposite party.
5. Ext.A2 Job card dated 18.04.2022 is issued for “General service”, Ext.A3 dated 23.04.2022 shows the ‘Final Service Remarks’ as “starting problem”. Ext.A4 is issued for oil change. Ext.A5 dated 25.10.2022 shows speedometer-not working-cured “mileage slow” (The writing in the exhibits are not clear). Ext.A6 dated 11.11.2022 shows “speedometer needle vibration”. Ext.A7 dated 09.02.2023 shows the final service remarks as “Running time off and Gear shifting problem (other writing are indecipherable).” Ext.A8 dated 10.03.2023 shows that the “vehicle transferred to Palakkad Head Office service centre. Another vehicle is provided for customer use.” Ext.A9 dated 14.03.2023 also seen issued by the 2nd opposite party for General service of the vehicle.
6. In the absence of version filed by the opposite parties, the complainant has only to prove a prima facie case against the opposite parties. Eventhough the complainant has not taken out the assistance of an Expert Commissioner to prove the defects in the vehicle, these job cards issued by the opposite parties will show that the vehicle started showing problems from the beginning itself. The vehicle purchased on 09.03.2022 (delivered on 16.03.2022) had “starting problem” as per Ext.A3 dated 23.04.2022 ie., within 1 ½ months itself. The vehicle had the problem of “speedometer-not working, speedometer needle problem etc.” Finally the 2nd opposite party had transferred the vehicle to their Head Office service centre for repair as per Ext.A8 dated 10.03.2023 and another vehicle was given to the complainant for his use. This clearly shows that the vehicle developed problems within a short span of time. According to the complainant, the opposite party did not do proper service of the vehicle and because of the frequent problem in the vehicle he suffered much inconvenience and difficulties. The opposite parties failed to file their version and set exparte.
7. So, from the evidence adduced, the complainant had succeeded in proving a prima facie case against the opposite parties.
The complainant further contended that the 3rd opposite party after the vehicle being transferred to their office for service, had used the vehicle for their personal purpose and the complainant got notice from Transport Department for violation of traffic rule (“Motor cycle driven by carrying pillion rider who is not wearing or not securely fastened a protective head gear confirming to BIS standard”) and fine of Rs.500/- for that. The vehicle was transferred to the 3rd opposite party’s office on 14.03.2023 and Ext.A10 notice is dated 18.03.2023. According to the complainant, he registered a complaint before the Cherupulassery Police Station against the opposite parties on 18.03.2023. He produced the receipt showing the details of the complaint which is marked as Ext.A11.
8. Eventhough the complainant succeeded in providing a prima facie case against the opposite parties, he failed to prove the manufacturing defect in the vehicle as alleged by him with the support of an Expert Commissioner’s report. So, we are not inclined to allow the first prayer in the complaint for replacing the vehicle with a new one or refund the entire purchase price of the vehicle.
The complainant is only entitled to get the vehicle repaired by replacing the defective parts free of cost.
So, the complaint is allowed in part with a direction to the opposite parties 2 and 3.
1.To repair the vehicle by replacing the defective parts and make it roadworthy to the satisfaction of the complainant or in the alternative to pay Rs.30,000/- being a reasonable amount required for repairing.
2. The opposite parties are jointly and severally directed to pay Rs.15,000/- for their deficiency in service Rs.10,000/- for the mental agony and inconvenience suffered by the complainant and Rs.5,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof till the date of payment.
Pronounced in open court on this the 25th day of January, 2024.
Sd/-
Vinay Menon .V,
President.
Sd/-
Vidya .A,
Member.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Performa Invoice original dated 09.03.2022 of purchasing Honda Shine Disc from the 3rd opposite party.
Ext.A2: Job Card dated 18.04.2022 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A3: Job Card dated 23.04.2022 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A4: Job Card dated 20.08.2022 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A5: Job Card dated 25.10.2022 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A6: Job Card dated 11.11.2022 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A7: Job Card dated 09.02.2023 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A8: Job Card dated 10.03.2023 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A9: Job Card dated 14.03.2023 of Honda Shine Disc (KL-52-S-3934) issued from the 2nd opposite party.
Ext.A10: Notice original dated 16.03.2023 issued from RTO, Palakkad.
Ext.A11: Original receipt of the complaint filed by the complainant before the Cheruppulassery Police Station.
Document marked from the side of Opposite party: Nil.
Cost : 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
