Kerala Consumer Commission Orders ₹1.05 Lakh Compensation For Delivery Of 2017 Model Honda Motorcycle To Customer Who Bought 2018 Model

The Ernakulam District Consumer Disputes Redressal Commission recently held M/S Arya Bhangy Motors liable for deficiency in service and unfair trade practice for providing a 2017 model Honda Unicorn motorcycle with bent chassis and instability to a customer who had specifically requested the 2018 model. 

The Bench comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N. ordered the dealer to pay a compensation of Rs. 1,05,660/- to the complainant for the 'significant service deficiency' as a result of which the latter endured considerable inconvenience and hardship. 

The complainant averred that he had purchased a new Honda motorcycle from the Opposite Party dealer, specifically requesting a 2018 model of the vehicle, and paid Rs 85,660 for the same. He alleged that although the insurance certificate indicated the vehicle as a 2018 model, the RC book that was subsequently received indicated the vehicle as a 2017 model.

He submitted that the vehicle also had other issues such as bent chassis and instability while riding which suggested that the same may have been used for demonstration or was a previously used vehicle. The complainant thus sought a refund of the amount paid for the vehicle, along with compensation for the loss and damages caused to him by the negligence of the dealer. 

The counsel for the Opposite Party argued that the complainant had booked the vehicle after verifying its model, colour and condition. It was submitted that the RC Book rightly showed the manufacturing date of the vehicle and that the complainant did not have any objection to the vehicle that he had selected and booked himself.

It was also urged that the vehicle's service history indicated that the vehicle had been regularly used by the complainant

The Commission noted that the Opposite Party had failed to file its written version of the notice issued by the Commission, which was tantamount to an admission of the allegations. It observed that the presence of a bent chassis and instability issues also supported the complainant's allegations of unfair trade practice and service deficiency.

It thereby directed the Opposite Party dealer to refund the amount to the complainant, and pay Rs 20,000/- as compensation for the losses and damages caused by the unfair trade practices and negligence of the dealer, as well as towards the cost of the proceedings. 

Counsel for the Complainant: Advocate George Cherian Karippaparambil

Counsel for the Opposite Party: Advocate T.A. Rajan

Case Title: Aravind G. John v. M/S Arya Bhangy Motors 

Case Number: C.C. No. 173/2018

Click Here To Read/Download The Order