By Sri. Mohammed Musthafa Koothradan, Member
1. Complainant had purchased a CB-UNICORN-CBF-150&71D-P-Black color Motor bike from 2nd opposite party. The first opposite party is the manufacturer and second opposite party is the dealer of the bike. He booked the motor bike on 16/03/2011 and paid Rs.1,000/ as advance, later on 23/04/2011 complainant paid balance amount. Now the total price of the bike was Rs. 72,163/-. The complainant like black color of bike, so he choose a black color bike for him. Opposite party had given a guarantee for its color as well as its engine. Complainant paid its insurance, Tax and registration fee through the 2nd opposite party. Opposite party given warranty to this bike. But within one month from the purchase body Color of the bike began to change, black color to red. Petrol tank of the bike completely become red. The complainant informed this complaint before opposite party No.2, later complainant produced the damaged bike before opposite party No.2 and they can understand the complaint, but they did not give much care and caution to solve the problem. Later the complainant sent letter to opposite party No.1, these time also complainant did not get any relief. The opposite parties are slipped from their liabilities. By these act of opposite parties complainant got much mental agony and financial loss. It is a best example for deficiency of service and unfair trade practice of opposite parties. Complainant prays for a new motor bike or Rs.75,000/- as it's price with interest along with compensation of Rs.20,000/- and cost of Rs.5,000/-.
2. Opposite party filed version denying all allegations and averments except those are admitted here under. Opposite party is admitting the purchase of the bike, but opposite party No.2 did not give any surety on the paint of the bike. Complainant purchased the bike not in the belief on opposite party No.2 it was on the belief and reputation of opposite party No.1 Honda company. Opposite party No.1 did not give any replacement guarantee for fading color or bubbles in the body of the bike. The complainant's bike got these complaint due to the use of very rash and negligent manner and kept in the heavy Sun rise and in the rain. The complainant using this bike as rent a bike. All the parties are using the bike as rash and negligent manner and damaged the bike. Opposite party No.2 never behaved to the complainant as very rash and badly. The complainant has not any financial loss or mental agony due to the damage of his bike as alleged as in the complaint. So it is a false allegation against the opposite parties. In this circumstances complainant is not liable to get any compensation from the opposite parties. So the complaint may dismissed with cost of these opposite parties.
3. Both sides evidence adduced in the form of affidavit and documents. Complainant filed five documents which are marked as Ext.A1 to A5. No documents filed in the side of opposite parties. Commission report marked as Ext.C1. No oral evidence adduced in both sides.
4. The following points are considered in this matter.
(a) Whether any deficiency of service in the side opposite parties?
(b) If so which opposite party is liable for compensation to the complainant?
(c) What is the order and cost ?
5. Point (a):-
Complainant purchased a reputed company's new bike with price of Rs.63,035/-. Opposite parties have no dispute upon the sale of the bike and its guarantee. When we are going through commission report we can under stand that there is colour fading complaint on the bike and the complaint in part of the fuel tank only. This thing is happened due to the fault in painting that is “ the black colour paint was over coated into the red coated smooth surface painting” and the expert commissioner certifying is the defect in painting, that means there is no serious complaint in the engine or other parts of the bike. Even though there is deficiency of service or unfair trade practice in the side of opposite party No.1 and 2 there is no chance for replace the bike, but opposite party No.1 and 2 must compensate to the complainant for the colour fading of his bike.
6. Point(b):-
Opposite party No.1 is the manufacturer and opposite party No.2 is the distributor of the said bike. The complaint reported within the guarantee period of the bike and the reason for the complaint happened at the time of manufacturing of the bike, but the complainant purchased the bike from opposite party No.2. So the opposite party No.2 also liable to compensate the complainant. That means the opposite party No.1 and 2 are jointly and severely liable to give compensation to the complainant.
7. Point(c):-
According to the expert commissioner the complaint was to fuel tank only, no other serious complaint noticed in the other parts of the bike or in the engine. So there is no chance for substitute a new bike instead of the complaint bike. Only to change its fuel tank alone. So opposite parties must change the fuel tank of complainant's bike with a new and original company items. Moreover opposite parties must pay a reasonable compensation to the complainant.
8. In this circumstances complaint allowed and opposite parties must change the fuel tank of the bike No KL-10 AG 9065 with new original company brand within two weeks from receiving the order copy and pay Rs.2000/- as compensation to the complainant. Opposite party No.1 and 2 are jointly and severely liable for this order. No order to cost.
Dated this 26th day of September, 2012.
Sd/-
E. AYISHAKUTTY, MEMBER(In-charge of President)
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN,
MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A5
Ext.A1 : Receipt dated, 09-08-2011 for Rs.2500/- given by the Commissioner to the complainant
Ext.A2 : Honda Unicorn- Model Vehicle Issue details dated, 18-05-2011 taken from the web site of second opposite party.
Ext.A3 : Owner's manual issued by opposite parties.
Ext.A4 : Photo copy of the R.C. of vehicle No.KL10-AG-9065
Ext.A5(series) : Invoice dated, 23-04-2011 from opposite party to complainant.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Court document marked : Ext.C1
Ext.C1 : Expert commissioner report.
Sd/-
E. AYISHAKUTTY, MEMBER(In-charge of President)
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN,
MEMBER
