LAWS(NCD)-2019-6-11

PRADEEPTA RANJAN PATTANAIK Vs. PROPRIETOR, UTKAL AUTO

Decided On June 27, 2019
Pradeepta Ranjan Pattanaik Appellant
V/S
Proprietor, Utkal Auto Respondents

JUDGEMENT

(1.) The complainant/petitioner purchased a Honda Activa Scooter from the respondent Utkal Auto. The said vehicle had been manufactured by the Honda Motorcycle and Scooter India Pvt. Ltd. The vehicle was purchased on 4.6.2012 for a consideration of Rs.56736/-. The case of the petitioner, in nutshell, is that there was problem of imbalance while driving the vehicle particularly on sharp angular turnings when there was a pillion rider travelling on the scooter. The defect, according to the petitioner/complainant was pointed out to respondent No1 several times and repair was also carried out but the problem persisted despite the said repairs. The petitioner / complainant, therefore, approached the concerned District Forum by way of a consumer complaint seeking either replacement of the vehicle or the refund of the amount which he had paid for its purchase.

(2.) The complaint was resisted by the respondent No.1 which interalia maintained in its reply that the complaint was addressed as and when it was brought to its notice and that the complaint had been filed with an ulterior objective.

(3.) The District Forum vide its order dated 29.7.2013 directed respondent No.1 to rectify the defect of imbalance, if any, in the scooter free of charge. The complaint was disposed of accordingly.