Sri Ranjan Ray, Ld. Member
FINAL ORDER/ JUDGEMENT
This complaint under the provision of C.P. Act, 2019 was initially filed against the Opposite Party (O.P.)- SHANTI MOTORS, Opposite- Vishal Megamart, Burdawan Road, PIN- 734005 and as per the Order No. 10, dated 12.04.2023 of this Commission the case runs ex- parte against O.P.
The case of the complainant as per his complaint is as follows-
The complainant resides in South Santi Nagar, Anandapally, near New Polytechnic College, Dabgram, P.S.- Bhaktinagar, District- Jalpaiguri and on 17.01.2021 he purchased a bike of Honda SP 125 Model bearing No. WB 74 BG 0219, Engine No.- JC83EG0413865 from Santi Motors and at the time of purchase when he was giving trial he noticed that the gear of the said bike was not functioning properly. He immediately informed this matter to the O.P. and the O.P. told him that this gear problem was happening as the bike is new and it would be removed within a couple of days but after few days said gear problem had increased a lot. After that, complainant completed the first servicing of the said bike within 30 days and informed the O.P. regarding said gear problem but the O.P. told him there was no such problem in the gear. The O.P. also told that the engine of the said bike is under the coverage of three years warranty period and if any problem arises they will repair it. After that, the gear problem was arising gradually and after intimating about the gear problem to the Service Manager of the O.P., complainant did not get any solution. In this way the complainant continued to drive the bike at the risk of his life and at the same time repeatedly intimating the O.P. regarding the gear problem of his said bike but the O.P. did not pay any importance on it. Then on 01.11.2021 the complainant sent an e-mail to the O.P. and the O.P. called complainant for a test drive and at the time of test drive again the gear got stuck and then on 07.12.2021 they changed the gear in absence of the complainant. When the complainant asked for the receipt the O.P. refused to give him the same. The O.P. told complainant again for a test drive but the gear got stuck again. The Manager of the O.P. told complainant that there was no gear problem at all in the said bike. After that the complainant lodged complaint through Customer Care Help Line no. (1-101415530042) and met with the higher authority of the O.P. but the higher authority did not entertain complainant’s complaint and closed the complaint. The complainant repeatedly made contact with the O.P. but all went in vain and getting no other alternative the complainant lodged this case in this Commission.
The prayers of complainant are as follows: -
- To pass an order directing the O.P.s to refund the purchased cost of Rs. 98,273/-(Rupees Ninety Eight Thousand Two Hundred and Seventy Three) only of the bike.
- To pass an order directing the O.P.s to pay a sum of Rs. 50, 000/- (Rupees Fifty Thousand) only to the complainant as other cost.
- To pass an order directing the O.P.s to pay a sum of Rs. 3, 50, 000/- (Rupes Three Lakh Fifty Thousand) only for mental pain, agony, harassment and life risk driving.
Total claim amount Rs. 4, 98, 273/- (Rupees Four Lakh Ninety Eight Thousand Two Hundred and Seventy Three) only.
List of Documents filed by the complainant:
- Photocopy of Aadhaar Card.
- Photocopy of Driving Licence.
- Photocopy as well as original copy of Tax Invoice, dated 17.06.2021.
- Photocopy as well as original copy of Registration Certificate of the bike, dated 13.07.2021.
- Photocopy as well as original copy of Sale Intimation of Shanti Motors, dated 17.06.2021.
- Original copy of Certificate cum Policy Schedule.
- Original copy of Money Receipt being no. 0933, dated 17.06.2021.
- Original copy of Money Receipt being no. 0934, dated 17.06.2021.
- Original copy Service Card being no. 656, dated 17.06.2021.
Opposite Party- SHANTI MOTORS, Opposite- Vishal Megamart, Burdawan Road, PIN- 734005 who appeared in this case and as per the Order No. 10, dated 12.04.2023 of this Commission the case runs ex- parte against O.P.
Having heard, the Ld. Advocate of the complainant and on perusal of the complaint and documents filed by the complainant the following points are taken to be decided by this Commission.
Points for consideration
1) Whether the complainant is a consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Whether this Commission has its jurisdiction to decide this case?
4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?
Decision with reasons
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainants. We are also heard arguments of the complainant in full length.
It is very much clear from the evidences that the O.P. is running his business at Burdawan Road, Siliguri- 734005. Thus, there is no doubt that this Commission has its territorial jurisdiction to decide this case.
Seen and perused the complaint filed by the complainant as well as documents filed by the complainant it is also clear that the complainant purchased a bike of Honda SP 125 Model bearing No. WB 74 BG 0219, Engine No.- JC83EG0413865 amounting to the cost of Rs. 98,273/-(Rupees Ninety Eight Thousand Two Hundred and Seventy Three) only from Santi Motors and thus this Commission holds that the complainant is a very much consumer in this case as per the C.P. Act, 2019.
In this instant case, as per complaint from the time of purchase the gear of the said bike was not functioning properly. The complainant immediately informed this matter to the O.P. and the O.P. told him that this gear problem was happening as the bike is new and it would be removed within a couple of days but after few days said gear problem had increased a lot. After that, complainant completed the first servicing of the said bike within 30 days and informed the O.P. regarding said gear problem but the O.P. told him there was no such problem in the gear. The O.P. also told that the engine of the said bike is under the coverage of three years warranty period and if any problem arises they will repair it. After that, the gear problem was arising gradually and after intimating about the gear problem to the Service Manager of the O.P., complainant did not get any solution. In this way the complainant continued to drive the bike at the risk of his life and at the same time repeatedly intimating the O.P. regarding the gear problem of his said bike but the O.P. did not pay any importance on it.
As per the evidence it is clear that on 01.11.2021 the complainant sent an e-mail to the O.P. and then on 07.12.2021 the O.P. changed the gear. As per complaint, when the complainant asked for the receipt the O.P. refused to give him the same. The O.P. told complainant again for a test drive but the gear got stuck again. The Manager of the O.P. told complainant that there was no gear problem at all in the said bike. After that the complainant lodged complaint through Customer Care Help Line no. (1-101415530042) and met with the higher authority of the O.P. but the higher authority did not entertain complainant’s complaint and closed the complaint. The complainant repeatedly made contact with the O.P. but all went in vain and getting no other alternative the complainant lodged this case in this Commission.
It is very much clear from the evidence that the O.P. always neglected the complaint of the complainant regarding the technical problem arose in the gear of the said bike. There is no doubt there was a problem in the said bike from the date of purchase and there is also no doubt that the bike was under warranty period. As per evidence of the complainant it is very much clear that the complainant purchased a bike of Honda SP 125 Model bearing No. WB 74 BG 0219, Engine No.- JC83EG0413865 amounting to the cost of Rs. 98,273/-(Rupees Ninety Eight Thousand Two Hundred and Seventy Three) only from the O.P. who is a authorized dealer of Honda Motorcycle and Scooter India Pvt. Ltd. and the said bike found defective after repairing by the O.P.. So, it is the duty of the O.P. to supply a product with a good condition because when a consumer always buys a product from a reputed showroom like Shanti Motors with an expectation for delivery of a good quality of product and service as well as better offerings from the company but in this instant case the company failed to provide a quality product and also failed to deliver his best services to his consumer. It is fact that the said bike was under the coverage of guarantee period and in this context it was the duty of the O.P. to deliver their best service to his consumer and this Commission has no doubt to hold that the O.P.s did not provide their best service to his consumer.
In this particular case it is very much clear that the O.P. conducts this case in a very negligent manner and after appearing they do not even consider it necessary to file W.V.
Hence, it is
ORDERED
That the Consumer Case No. 51/2022 be and same is allowed in contest against the O.P. (SHANTI MOTORS). In this instance case, the O.P. is liable.
The O.P. is directed to repair the said bike within 30 (Thirty) days from the date of this order failing which the complainant is entitled to get an amount of Rs. 98,273/-(Rupees Ninety Eight Thousand Two Hundred and Seventy Three) only from the O.P. through an Account Payee cheque with a simple interest @ 6% per annum from the date of filing of this case, i.e., from 14/06/2022. In this case, the O.P. is entitled to get liberty to take back the old bike with their own cost. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for mental pain, agony and litigation cost and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission.
Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.
