Kerala

Idukki

CC/129/2020

P V Shaji - Complainant(s)

Versus

TopGear Hero - Opp.Party(s)

31 Mar 2021

ORDER

DATE OF FILING : 13.10.2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 31^st day of March, 2021

Present :

SMT. ASAMOL P. PRESIDENT-IN-CHARGE

SRI. AMPADY K.S. MEMBER

CC NO.129/2020

Between

Complainant : P. V. Shaji,

Poovelil House,

Udumpannoor P.O.,

Idukki.

And

Opposite Party : 1. Topgear Hero,

Vengalloor,

Thodupuzha, Idukki.

2. Hero MotoCorp Ltd., 6-A,

DD Trade Tower 6^th Floor,

Kaloor – Kadavanthra Road,

Kaloor, Kochi – 682 017.

 

O R D E R

 

AMPADY K.S., MEMBER

 

Main allegations of the complainant are as under.

 

1) He purchased a two wheeler named 'Hero Passion Expro' on 20.4.2018 for a price of Rs.67,000/- (sixtyseven thousand only) from the 1^st opposite party who is the authorised dealer of 2^nd opposite party. Registration number of the vehicle is KL-38G-3467. 2^nd opposite party offered warranty of the vehicle for 5 years or 70000 kms.

2) He has done free service as well as paid services from the authorised dealer of 2^nd opposite party. But within a few months of purchase, engine of the vehicle was totally under complaint and could not be used. Dealer has repaired the engine. At that time, 'self motor' was not working and on intimation to the dealer, they have removed the same but not replaced it in spite of repeated requests.

3) After certain months, engine was again under complaint and he approached the dealer as well as the company, but they were reluctant to solve the problem. Therefore, he was forced to approach this Commission. Eventhough, he has complied with the service conditions of the company, he could not use the vehicle due to regular complaint of it and he entrusted the vehicle to 1^st opposite party on 30.7.2020 but they have not solved the problem or gave any intimation to him. So he lost faith on both 1^st and 2^nd opposite parties. Besides, he has approached

(cont.....2)

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grievance cell of 2^nd opposite party as per ticket No.TXN2-64T883 and he contacted 1^st opposite party. They informed that matter will be solved but no action was taken by them.

4) He has no other vehicle and he relied on this vehicle for travel 35 kms to office and back and also for family and medical needs of his children. Due to Covid pandemic and scarcity of public transport, he has to rely on taxi or autorickshaw several times which resulted in monetary loss of more than Rs.20,000/-.

 

Therefore, he prayed for the following reliefs.

1. Order the recovery Rs.87,000/-(Eightyseven thousand only) from the opposite parties towards his hardships and losses including the price of the vehicle.

2. Such other relief as deems fit and proper.

 

Eventhough, notice was received by both opposite parties, they have not turned up. Opposite parties were called absent and set exparte.

 

Complainant is examined as PW1 and marked following documents. (1) Ext.P1 – service record sheet (2) Ext.P2 - warranty. (3) Ext.P3 – invoice dated 20.4.2018.

 

We have examined the allegations, documents filed and depositions of PW1. Eventhough, the complainant has stated that price of the vehicle is Rs.67,000/- (including tax and insurance), on a perusal of invoice, it is seen that total price including GST is Rs.57,720/- only. Copy of insurance certificate is not produced. On examination, complainant submitted that company has stopped the supply of this type of vehicle. He submitted that necessary direction may be issued to do necessary repair of the vehicle. There was deficiency in service on the part of opposite parties.

 

On a consideration of the facts, evidence and circumstances of the case, we find that there was deficiency in service on the part of opposite parties. As per warranty conditions, the opposite parties are duty bound to repair the vehicle free from all defects and also to replace the parts which are considered to be the cause of such defects. Besides, 2^nd opposite party warranted the vehicle to be free from any defect – both materials and workmanship. Eventhough, complainant raised several allegations, opposite parties have not raised any objection which shows that allegations are true.

 

In these circumstances, we find that there is deficiency in service on the part of opposite parties and they have not complied with the warranty.

 

Hence we direct the opposite parties

(1) to repair the vehicle free of cost and free from all defects within 30 days of receipt of this order, failing which the opposite parties are liable to refund the basic

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price of the vehicle as per invoice to the complainant with 9% interest per annum from the date of complaint till realisation.

(2) To pay Rs.2000/- (Two thousand only) as compensation to the complainant towards loss and injury suffered by him. This should also be paid within the above period, failing which the amount would carry 9% interest per annum till realisation.

 

In the result, complaint is allowed to the above extent.

 

Pronounced by this Commission on this the 31^st day of March, 2021

 

Sd/-

AMPADY K.S., MEMBER

Sd/-

ASAMOL. P., PRESIDENT-IN-CHARGE

 

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Shaji P.V.

Exhibits :

On the side of the Complainant :

Exts.P1 – service record sheet.

Ext.P2 - warranty.

Ext.P3 – invoice dated 20.4.2018.

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

 

 

SENIOR SUPERINTENDENT