:    FINAL ORDER    :

DATE OF FILING :  24.05.2016

ORDER No.    21    

DATE. 17.07.2017    

Shri Asoke Kumer Das – President

            Complainants’ case in short is that he purchased one Honda motor cycle (Honda Unicorn 160 STD model) from Hi Choice Honda, OP No. 1 & OP No. 2 on 07.07.2015 on payment of Rs. 86,000/- and the company gave warranty for a period of two years or     ...........    KMs whichever is earlier along with free service.    It is alleged by the complainant that a few days after purchase of the motor cycle he observed that the engine of the motor cycle is making unwanted sound.  The complainant reported the matter to OP No. 1 and as per advice of OP No. 1 he took the motor cycle to Garai Honda (OP 3) which is the renowned showroom and service centre of Honda motor cycle at Nadia District for proper servicing. The complainant gave the motor cycle to the service provider on different occasion, but they failed to rectify the problem stated above and ultimately, the complainant went to OP No. 4 who detected first time that there was some problem in the engine of the motor cycle and same is required to be changed and accordingly he gave an estimate of the materials which are required to be changed.  It is alleged by the complainant that OP No. 1 and OP No. 2 knowing everything refused to change those materials although the vehicle is well within the warranty period.  Hence, this case.  The complainant has prayed for a direction upon the OPs to refund the consideration money of the motor cycle amounting to Rs. 86,000/-, compensation and cost.

            Only OP No. 2 & 3 have contested this case by filing separate written version denying and disputing, inter alia, the claim and contention of the complainant with prayer for dismissal of the case with cost.  Their specific stand is that the unwanted sound of the engine of the motor cycle as alleged is normal.  The concerned technician of Honda Motor Cycle and Scooters India Pvt. Ltd. had also checked the said motor cycle and found that there was no such abnormal sound of the engine of the said motor cycle and that there is no such defect in the engine of the said motor cycle.

POINTS FOR CONSIDERATION

1. Is the case maintainable?
2. Is the complainant a consumer?
3. Are the OPs liable for deficiency in service and/or unfair trade practice as alleged?  
4. Is the complainant entitled to get the reliefs as prayed for?

DECISION WITH REASONS

            All points are taken up together for consideration and decision. 

            After due consideration of the materials on record i.e., the petition of complaint, the written version, written notes of argument and documents filed by the parties and after hearing arguments advanced by the Ld. Lawyer of both sides I find that there is nothing adverse on record regarding maintainability of the case as this Forum has pecuniary & territorial jurisdiction to hear and to dispose of this case and the case has been filed within the period of limitation of two years.

            Admittedly, the complainant purchased the motor cycle in question from OP No. 1 & 2 on 07.07.2015 on payment of Rs. 86,000/-.    So, it is clear that the complainant is the consumer of OP No. 1, 2 and 3. 

Now, we find that the complainant purchased the motor cycle in question on 07.07.2015 and few days after the purchase of the motor cycle the complainant is facing some noise problems while riding the motor cycle and he reported about his dissatisfaction regarding problem of noise in the engine to OP 1, 2 & 3 but in vain and ultimately, the complainant rushed to OP No. 4 (Hem Automobiles) as per advice of OP No. 3 to remove the problem of noise of his newly purchased motor cycle.  Then OP 4 gave him an estimate examining the motor cycle for replacement of such engine materials but OPs 1 & 2 have not redressed his grievance of the complainant although it is coming out from the original job card dtd. 10.05.16 filed by the OPs 2 & 3 that on 10.05.16 the complainant recorded his complaint in this job card regarding the noise of the engine of his motor cycle.

Admittedly, the guarantee period of the motor cycle in question will remain valid till 06.07.2017.  So it was legal obligation on the part of OP No. 1 & 2 to remove the noise sound of the engine of the motor cycle of the complainant soon after receiving complaint over the matter from the complainant, but that was not done by OPs 1 & 2.  The complainant is still facing the problem i.e., the noise of engine of his motor cycle.  It is not expected that a person who purchased a new motor cycle shall have to face such a problem within a very short period of purchase of the motor cycle and it is the moral and legal obligation on the part of the seller and manufacturer here OPs 1, 2 & 5 to redress such grievance of the complainant by removing the noise of the motor cycle in question soon after getting the complaint from the complainant.  As OPs 1, 2 & 5 have not redressed such grievance of the complainant till date despite getting complaint from the complainant several times within the warranty period, so OPs 1, 2 & 5 are jointly and severally liable for deficiency in service as alleged by the complainant.  Therefore, the complainant is entitled to get the reliefs specified below.  All points are disposed of accordingly.   In the result the case succeeds. 

            Hence, it is

Ordered,

That the case / application is allowed on contest against OPs No. 1 & 2 and ex parte against OP No. 5 with litigation cost of Rs. 5,000/- and dismissed ex parte without cost against the rest OPs.

            The OPs No. 1, 2 & 5 are hereby directed to remove the noise problem of the engine of the motor cycle of the complainant by changing required material of the engine of the motor cycle within 30 days hereof.

            OPs 1, 2 & 5 are further directed to pay to the complainant Rs. 1,000/- in the heads of compensation, mental pain and sufferings of the complainant for such of their deficiency in service within 30 days from the date hereof along with litigation cost of Rs. 5,000/- failing which the entire amount of Rs. 6,000/- will carry interest @ 7% per annum till realization and the complainant shall be at liberty to compel OPs 1,2 & 5 to comply the aforesaid direction and to realize the litigation cost and the compensation stated above in accordance with the provision of Consumer Protection Act, 1986. 

Let plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post. Original documents filed by the complainant and Op be returned back on proper receipts.