KINETIC ENGINEERING LTD. Vs. RENU MAHENDIRATA
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KINETIC ENGINEERING LTD.
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(1.) On account of having sold a defective motor bike ˜Challenger suffering from such manufacturing defects that the vehicle breaks down on the way and is to be taken to the
garage every now and then and during the short period of its purchase and
the respondent was asked to pay Rs. 6,000 for services and rectification
of the defects during the period of warranty, the District Forum has
passed the following impugned order dated 13.6.2005:
We, therefore, direct M/s Kinetic Motors India Ltd., manufacturer of the motorcycle in question to take back the motorcycle from the respondent and refund her the cost thereof i.e., Rs. 42,000 along with 9% interest from the date of filing of the complaint i.e., 6.9.2002 till the date of payment. The appellant recovered from the respondent a sum of Rs. 6,000 for services and rectification of the defects during the period of warranty. The appellant was under contractual obligation to rectify the defects and carry out the repairs free of cost. We, therefore, direct the appellant to return to the complainant Rs. 6000 charged from her. Appellant is further directed to pay Rs. 2,000 as cost of litigation.
(2.) In view of the finding given by the District Forum that the vehicle was of highly defective nature and could not provide desired
results and the respondent had to suffer mental agony and harassment by
taking the vehicle time and again to the garage for repair which even
breaks down on the way, we do not find any infirmity in the impugned
order so far as the refund of cost of the vehicle on its return and also
refund of Rs. 6,000 charged from the respondent for services and
rectification of defects and Rs. 2,000 as cost of litigation is
concerned. However, the award of interest is quashed as the same was not
awardable in terms of Section 14(1) of the Consumer Protection Act, 1986.
Only amount of compensation is to be awarded. Interest can be awarded if
there is any such term of the contract or on strong equitable grounds.
The payment shall be made within one month.
(3.) Bank Guarantee/FDR, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt.;
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