ROYAL ENFIELD MOTOR LIMITED Vs. KULWANT SINGH CHAUHAN

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 20.9.2008 passed by the District Forum, Haridwar, allowing the consumer complaint No. 191 of 2007 against the opposite party No.1 - appellant and directing the opposite party No. 1 to provide a new motorcycle of the same make and model to the complainant with new warranty in replacement of the motorcycle in question and also to pay litigation expenses of Rs. 2,000. The consumer complaint was, however, dismissed against the opposite party No.2.

(2.) IN brief, the facts of the case are that the complainant has purchased a bullet motorcycle from the opposite party No. 2 on 18.10.2006 for sum of Rs. 72,095. The said motorcycle was manufactured by the opposite party No. 1. According to the complainant, right from the beginning, the said motorcycle did not work properly and it had manufacturing defect. Several complaints were made by the complainant, but the defect was not removed. The complainant got his motorcycle inspected by the engineer of the opposite party No. 1 on 8.6.2007 and 20.6.2007, wherein defects were found in the motorcycle and it was also found that the said defects were manufacturing defects and the same are not repairable. But the defects were not cured. The complainant sent a notice to the opposite parties on 12.6.2007 and when no satisfactory action was taken by the opposite parties, the complainant filed a consumer complaint before the District Forum, alleging unfair trade practice on the part of the opposite parties.

(3.) THE opposite parties filed written statement and pleaded that the complainant got his motorcycle serviced on 31.10.2006, 17.2.2007 and 29.4.2007 and at that time, the complainant did not lodge any complaint in connection with his motorcycle. In the service of 7.5.2007, the complainant made a complaint several years. We accordingly direct that the Royal Enfield Motors Ltd. instead of replacement of the motdrcycle, shall make the motorcycle in proper running condition within a period of one month and also pay sum of Rs.8,000 to the complainant towards damages. regarding noise in the vehicle, which was immediately rectified. On 7.7.2007, the complainant lodged a complaint regarding leakage in engine, noise in gear box and the vehicle getting heated, which were duly rectified and the vehicle was handed over to the complainant in satisfactory condition. The notice sent by the complainant was duly replied and it was clearly mentioned in the reply that if there is any defect in the motorcycle, the opposite parties are ready to rectify the said defect. It was also pleaded that the opposite parties have provided satisfactory service and there has not been any deficiency in service on their part.