NARENDRA REDDY Vs. EICHER MOTORS LTD.

JUDGEMENT

(1.) FOR the sake of convenience, the parties in this order are referred to according to their position in the complaint filed before the District Forum.

(2.) THE complainant has filed this appeal challenging the order dated 25.7.2007 passed by the District Consumer Forum, Bangalore Urban I Additional, in Complaint No. 325/2007, by which the District Forum has dismissed his complaint.

(3.) THE case of the complainant is that he is a Mechanical Engineer running an industry under the name and style of M/s. Global Vacuum Products. He intended to purchase a new Royal Enfield Bullet Machismo Bike (for short, Bike) manufactured by opposite party No. 1 (for short, "O.P. 1") through O.P. 2. On the representation made by O.P. 2 regarding the quality, performance and good fuel efficiency of the Bike, he purchased a Bike on 12.6.2006 by paying a sum of Rs. 86,725. The said Bike bears Registration No. KA -01/FB -7447. The case of the complainant is that at the time of purchase of the Bike he was assured that the bike is in a good running condition and he was promised best and efficient service anytime anywhere. But within few days from the date of purchase, he noticed abnormal vibration, engine getting heated to abnormal high temperature, unusual sound in the engine. This fact was brought to the notice of the Service Personnel on 19.6.2006. But even after attending to the defects pointed out, according to the complainant, the defects still existed. The further case of the complainant is that in spite of repeated visits, O.P. 2 was unable to rectify the defects. The further case of the complainant is that due to the abnormal vibration and high temperature he suffered severe pain in the arms, neck, etc. Besides this, his four pants were damaged during the use of the Bike and there was burning of the skin of his legs.