MANAGING DIRECTOR, HERO HONDA MOTORS LIMITED Vs. RAJAB ALI

JUDGEMENT

(1.) The appellants are the opposite parties in CC 415/2006 before the Distinct Forum I, Visakhapatnam where under an order was passed directing the opposite parties 1 and 2 to take return of the vehicle from the complainant and to refund Rs.32,899/-Aggrieved by the impugned order this appeal is filed

(2.) Briefly stated the facts of the case are that OP 1 is the manufacturer of Hero Honda Motorcycle. OP 2 is the dealer cum authorized agent of OP1. The complainant had purchased Hero Honda CD Delux Motor cycle on 25.1.2006 from OP 2 paying a cost of Rs.32,899/-. OP 1 gave an advertisement that the above said motor vehicle gives highest mileage of 80 kms per litre. Believing the said advertisement the complainant had purchased the said vehicle but on usage the vehicle was giving mileage of 40 km per litre only. Even after two services, there was no improvement. Mileage testing was done on 9.3.2006, 10.4.2006, 20.4.2006 and 5.5.1006, even then, mileage was 40 kms per litre. The shortage was due to manufacturing defect. The complainant had requested the Opposite parties either to exchange the vehicle or refund the cost of it. In spite of legal notice they failed to comply with it. Thus, the complainant was put to mental agony and financial loss.

(3.) The version filed by OP 2 was adopted by OP1. in which there is an admission of sale of the vehicle and the rest of the allegations are denied stating that no such advertisement was given assuring mileage as alleged, more so, in respect of manufacturing defect as alleged. It is stated that mileage dependents upon the driving and maintenance of it by the rider.