A.K.ANNAMALAI, J. - (1.) 2nd opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite parties claiming for directions to pay compensation of Rs.54,000/- for the loss due to the selling of defective vehicle and Rs.46,000/- towards mental agony and for costs against the opposite parties.
(3.) The complainant purchased TVS Flame 125 model Motorcycle on 24.4.2008 from the 2nd opposite party for which the 1st opposite party is the manufacturer, 2nd opposite party offered to carry out 5 free services and 6 paid services periodically. But not kept the same as promised. The vehicle become defective if driving over and above 30 km speed automatically turns off and stopped and the self starter in the motorcycle do not function properly. The opposite parties changed the battery only. But the complainant did not complaint with the other defects pointed by the complainant. The purpose of purchasing self starter motorcycle is due to the old age of the complainant and he could not start by using kick starter. Hence he suffered pain in chest and knee. Even after the free and paid services opposite parties have not rectified the defects and thereby they are deficiency in service, the complainant coming forward with the consumer complaint claiming relief as stated above.;