The consumer disputes redressal forum of Central Mumbai, in an order passed on Saturday, directed a motorcycle company to pay damages and hand over the disputed bike in a roadworthy condition to the complainant within 15 days. The forum observed that the onus is on the company as it failed to attend to the defects of the vehicle during its third free service.
“Complaint is partly allowed. The opponents are directed to replace the crankshaft and hand over the disputed vehicle to the complainant in a roadworthy condition within 15 days. The opponents are directed to pay damages of `5,000 and cost of this proceeding — `1,000 — to the complainant within 15 days,” ruled the forum.
According to complainant Pawankumar Lalchand Tiwari, he purchased a motorcycle for `63,500 on November 7, 2011. The company offered four free servicings, out of which two were carried out. At the time of the third, it was noticed that crankcase (covering the engine), was damaged during the free servicing. He inquired about it from the management of the company and requested them to replace his motorcycle. However, they abused him and refused his request, his complaint stated.
Mr Tiwari then filed a complaint for replacement of his motorcycle and for recovery of its price with an interest rate of 18 per cent per annum. He has also prayed for damages of `30,000 and `1,000 for the cost of proceedings.
According to the motorcycle company, there was no manufacturing defect. Therefore, the complainant is not entitled for replacement of the motorcycle.
The forum observed that on examination, it was found that a hairline crack had developed “It was a minor job and with the permission of the complainant, the crack was filled up,” stated the forum. “It was necessary for the opponents to attend to the defects promptly. They have not done that. Therefore, they are responsible to give damages to the complainant,” the forum further observed.