HERO HONDA MOTORS LIMITED Vs. JITENDRA KUMAR

JUDGEMENT

(1.) THIS appeal by M/s. Hero Honda Motors Ltd. and Madhupur Automobiles challenges order dated 3.3.2009 by which District Consumer Fora, Deoghar, directed them to replace the motorcycle with new one or pay back the price including cost of registration and litigation with compensation of Rs. 10,000 in complaint case No. 82/06.

(2.) BRIEFLY stated the facts leading to this appeal are that the complainant Shri Jitendra Kumar and purchased one "Hero Honda Splender" motorcycle from the appellant M/s. Mudhupur Automobiles and respondent No. 2, M/s. Rudra Motors. Asansole on 28.5.2005. This motorcycle started giving trouble within ten days, leaking mobile which could not be rectified even with change of gasket of block. Thereafter it was inspected by the Service Engineer of the appellant No. 1 on 31.8.2006 which assured to rectify the defect with change of the block. However this change has not been effected in spite of repeated request. Ultimately the complaint was lodged for replacement of the bike with new one, compensation of Rs.50,000 and other expenses incurred.

(3.) THE appellants appeared on notice and admitted sale of the bike, its defective chamber out denied any deficiency in the service. It was submitted that they were ready to change the block without cost. However the defect has resulted in non -functioning of the bike. The learned lower forum accordingly held the appellants deficient in providing service during warranty period to pass the impugned order against them.