RAVINDRA ANNAPPA BINDRE Vs. ROYAL ENFIELD

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 (the "Act") against the Maharashtra State Consumer Disputes Redressal Commission, Mumbai ("State Commission") order dtd. 17/7/2019 in FA No. 571 of 2018 partly allowing the appeal and modifying the Addl Thane District Consumer Disputes Redressal Forum, Navi Mumbai ("District Forum") order dtd. 10/4/2018 in CC No. 44/2016.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the Complainant, are that he purchased a new Royal Enfield Thunderbird 350cc Motorcycle from Opposite Party (OP) No. 1 the dealer for Rs.1,54,762.00 on 19/10/2015. Upon delivery, he noticed sealant tape on the engine and was assured it was normal. However, oil leaked severely during the drive home. Despite multiple repair attempts by OP-3 (authorized service centre), including immediately after delivery, after the first free service and subsequent visits, the engine oil leakage problem persistently recurred, causing mental agony and rendering the motorcycle unusable for longer journeys. Alleging manufacturing defects and gross deficiency in service, he filed a consumer complaint before the District Forum, he refused further repairs and demanded OP-1 and OP-2 (the manufacturer) replace the motorcycle or refund the full purchase price Rs.1,54,762.00 plus RTO charges Rs.9,878.00 and insurance costs Rs.2,999.00 along with Rs.5,00,000.00 compensation and Rs.25,000.00 litigation costs.