HERO HONDA MOT Vs. DURGA SHANKAR DASH

JUDGEMENT

(1.) This is an appeal by the Hero Honda Motors Limited and their functionaries along with the dealers M/s. Bharat Motors Pvt. Ltd. and J. M. G. Automobiles against the judgment of the District Forum, Cuttack making the O. Ps. jointly and severally liable to refund the complainant a sum of Rs.36,427/- i. e. , the costs of the Hero Honda Motor Cycle along with interest at the rate of 12 per cent per annum from 24.2.2000 till payment. Besides the complainant has been allowed Rs.20,000/- as compensation towards mental agony, harassment etc.

(2.) There is no dispute that the complainant purchased on 23.8.1999 a Hero Honda Motor Cycle for Rs.36,427/- from the dealer M/s. Bharat Motor Pvt. Ltd. , Bhubaneswar (O. P. No.4 ). It is his case that right from the beginning the vehicle gave various problems that included starting trouble, defect in the shock absorber, low milage, dragging sensation etc. Even though this was attended for several times by the O. Ps. the same problem still persisted for which he filed the complaint case.

(3.) The appellants denied the vehicle of having any inherent manufacturing defect. They also denied the allegation of deficiency in service stating that whenever the vehicle was produced for servicing and for removing the defect they were earnestly attended.