SATNAM MOTORS PRIVATE LIMITED Vs. KRISHAN BHATIA

JUDGEMENT

(1.) Brief facts relevant for the disposal of this revision petition are that on 08.12.2010 the complainant purchased one Honda Activa scooter from Satnam Motors Pvt. Ltd. at Jaipur ( OP- 2) for Rs. 52,500/-, but the bill invoice mentioned the amount as Rs. 44,076/-. The OP-1 Honda Motorcycle and Scooter India Pvt. Ltd. is a manufacturer of the scooter. The complainant alleged that due to some manufacturing defect some liquid was leaking and the front elevation of the scooter got damaged and spoiled the colour completely. The OPs did not resolve the said problem and refused to repair them. Being aggrieved by the deficiency in service, the complainant filed a complaint against the OPs before the District Forum-II, Jaipur and prayed for refund of Rs. 52,500/- with interest alongwith other reliefs.

(2.) The OP-2 filed a reply and denied the allegations. It was contended that received Rs. 44,067/- only towards the cost of the scooter and some amount received was towards registration charges, accessories and insurance policy totaling it to Rs. 52,500/-. On reporting about the defect, OP-2 resolved it and the said was not a manufacturing defect. It was further submitted that the complainant had violated the warranty conditions that from 14.07.2011 plying the scooter up to 4060 km in a negligent manner. Therefore, the complainant was not entitled for any relief.

(3.) The District Forum, after hearing the parties allowed the complaint with the following observation: