Defective Bike Not Properly Repaired Despite Multiple Services: Thrissur Commission Awards ₹30,000 Compensation Against Dealer
The Consumer Disputes Redressal Commission, Thrissur, comprising C.T. Sabu (President), Sreeja S. and Ram Mohan R. (Members), held the dealer guilty of deficiency in service for failing to rectify multiple defects in the complainant's motorcycle despite repeated servicing.
Brief Facts of the Case:
The complainant, a coolie worker, purchased a Hero Passion Pro 110 Black Disc motorcycle on 6 January 2021 for ₹87,000 from the first opposite party dealer. Soon after purchase, the vehicle developed issues including meter/fuel gauge malfunction, difficulty in fuel filling, lack of smooth running, overheating, and loss of control at around 60 km/hr. Despite multiple services, the defects persisted.
Aggrieved, the complainant approached the Consumer Commission alleging deficiency in service on the part of the dealer and the manufacturer. During the proceedings, an expert inspection confirmed faults in the fuel system, overheating, and stability issues.
The opposite parties failed to appear before the Commission or file any written version, and the matter proceeded ex-parte against them.
Observation and Decision:
The Commission observed, based on the expert report, that the vehicle suffered from multiple defects, including a faulty fuel gauge, difficulty in fuel filling, overheating, and instability at around 60 km/hr. It held that despite repeated servicing, the dealer failed to rectify these defects, constituting deficiency in service.
The Commission further noted that no specific role was attributed to the manufacturer and no manufacturing defect was established. Accordingly, the complaint against the second opposite party was not proved.
The Commission allowed the complaint against the dealer and directed it to pay ₹20,000 as compensation and ₹10,000 towards litigation costs, with 9% interest from the date of filing of the complaint till realization.
Case No.: CC 172/21
Case Title: Arun v. Marvel Hero & Hero Motocorp Ltd