DR.S.M.KANTIKAR, MEMBER, J. -
(1.) Brief facts relevant for the disposal of this revision petition are that on 08.12.2010 the complainant purchased one Honda Activa scooter from Satnam Motors Pvt. Ltd. at Jaipur ( OP- 2) for Rs. 52,500/-, but the bill invoice mentioned the amount as Rs. 44,076/-. The OP-1 Honda Motorcycle and Scooter India Pvt. Ltd. is a manufacturer of the scooter. The complainant alleged that due to some manufacturing defect some liquid was leaking and the front elevation of the scooter got damaged and spoiled the colour completely. The OPs did not resolve the said problem and refused to repair them. Being aggrieved by the deficiency in service, the complainant filed a complaint against the OPs before the District Forum-II, Jaipur and prayed for refund of Rs. 52,500/- with interest alongwith other reliefs.
(2.) The OP-2 filed a reply and denied the allegations. It was contended that received Rs. 44,067/- only towards the cost of the scooter and some amount received was towards registration charges, accessories and insurance policy totaling it to Rs. 52,500/-. On reporting about the defect, OP-2 resolved it and the said was not a manufacturing defect. It was further submitted that the complainant had violated the warranty conditions that from 14.07.2011 plying the scooter up to 4060 km in a negligent manner. Therefore, the complainant was not entitled for any relief.
(3.) The District Forum, after hearing the parties allowed the complaint with the following observation:
7. It is clear from statements of both the parties that on dated 08.12.2010 , the complainant purchased a Scooter from the defendant No.2 after making payment of total amount of Rs. 52,500/- . After a short time itself to purchasing that , defect started developing in that and on developing defects like leaking of liquid substance and different kinds of defects , it was got checked with the defendant No. 2 on dated 04.07.2011 , in which , the defendant did not dissolve any of his grievances, on which, again on dated 14.07.2011 , it was got checked with the defendant No. 2 but the complainant has clearly mentioned that the employees of the defendants did not repair his vehicle and behaved indecently with the complainant.
8. In our opinion, by doing this, the defendants have committed deficiency in service. It was the duty of the defendants that the defendants should have given the above- said vehicle of the complainant after completely repairing that and in the situation of its not getting repaired , the defendants should have given new scooter in place of above-said scooter but the defendants did not do that . Therefore, by doing this, the defendants not only have committed deficiency in service but have adopted unfair trade practice also. Therefore, the complainant is entitled to get the amount paid against above-said scooter with appropriate compensation and costs of complaint.
9. However, the complainant has made demand of total amount Rs. 52,500/- paid against the above-said scooter but as the defendants have clearly mentioned this that the amount of Rs. 44,076/- only has been received from the complainant, remaining amount Rs. 4538/- was received on account of registration charges, Rs. 850/- on account insurance and Rs. 3886/- on account of accessories of the scooter, documents of which have been produced by the defendant. therefore, the complainant is entitled to get only Rs. 44,076/- only on account of the above- said Scooter.
10. Therefore, complaint of the complainant deserves to be allowed.
On the basis of above analysis, compliant of the complainant is allowed against the defendants and it is ordered to the defendants to pay amount of Rs. 44,076/- scooter cost to the complainant, Rs. 5,000/- on account of compensation and Rs. 2,000/- on account of costs of complaint , total Rs. 51,076/- (Rupees fifty one thousand seventy six only) to the complainant within one month from today, otherwise, the complainant will be entitled to get interest at the rate of nine percent per annum from today upto the date of recovery.
(paras 7, 8, 9 and 10 of the District Forum's Order) ;