HERO HONDA MOTORS LTD Vs. T NAGENDER

JUDGEMENT

(1.) This is the case of Hero Honda Splendor Motorcycle, which suffered from manufacturing defects and had to be continuously taken to the Service Centre for repairs even then the problem of pulling to the right side persisted. Case of the complainant

(2.) Shri. T. Nagender, the complainant, purchased a Hero Honda Splendor Motorcycle. After taking delivery of the vehicle, the complainant realized that the vehicle suffered from inherent problems comprising starting trouble, low mileage, hard gear, improper focus lights and vibration at the speed exceeding 55 kms., etc. The motorbike while running was pulling to the right side. The accessories were also of poor quality. As directed by M/s. Venkateshwar Motors, the authorized dealer, the complainant took the vehicle to him, who rectified the problem of starting and the headlight. The vehicle continued to pull to the right side, resulting in neck and shoulder pain to the complainant as diagnosed by the doctor. As the problem persisted and the vehicle was again sent for repairs to M/s. Venkateshwara Motors and Hero Honda Service Centre, who were opposite party Nos. 2 and 3 before the District Forum, detained the vehicle for nearly 43 days and the vehicle was taken for trial, it was observed that the major defect of vehicle of pulling right side was not rectified and was confirmed by opposite party No. 3.

(3.) After hearing the parties in great detail, the District Consumer Forum directed the opposite party Nos. 1 to 3, namely, the manufacturer, dealer and Hero Honda Service Centre jointly and severally to replace the Hero Honda Splendor with a new one, which is free of defects, with fresh warranty period of one year from the date of replacement and to pay compensation of Rs. 10,000 and cost of Rs. 1,000 to the complainant.