Y.D. KHADER BASHA Vs. HERO MOTORS

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. The appellant challenges the order passed by the District Forum on the grounds that the motor cycle Hero Smart Dx purchased by him had given 38 kmpl against the proclaimed 100 kmpl and that the opposite party no.2, service centre was closed by the opposite party no.2 after only the second service was done.

(2.) The facts of the case as represented by the appellant are that the appellant believing the version of the oppose party no.2 that Hero Smart Dx motor cycle would give 100 kmpl and they would establish showroom at Ananthapur to facilitate necessary and regular service for the vehicles purchased on 9.10.2004 the Hero motor cycle manufactured by the opposite party no.1 for a consideration of Rs.21,373/-. Some time after he has purchased the vehicle, the appellant observed the mileage of the vehicle as 38 kmpl. On complaint of the appellant, the mechanics of the opposite party no.2 attended to the repairs. The vehicle continued to pose the same problems. The appellant learnt that the engine of the vehicle was defective and the opposite party no.2 closed its business a Ananthapur. The appellant had not been using the vehicle. The complainant sought for refund of the cost of the vehicle along with other reliefs.

(3.) The opposite partyno.1 resisted the claim contending that as per the service record sheet, it is mandatory for the owner of the vehicle to avail free and paid service as per the recommended schedule to be eligible for the warranty benefits. The appellant availed the first free service of the vehicle on 10.11.2004 and thereafter he has not availed any free service. The appellant only on 7.4.2005 turned up the service of the vehicle and thereby breached the terms of warranty. The first opposite party has appointed Thippaiah Motors, at Ananthapur for servicing and other related work.