National Consumer Disputes Redressal Commission (NCDRC): In a revision petition filed by Honda Motorcycle & Scooter India Pvt. Ltd., against the order dated 06-02-2024 passed by the State Consumer Commission of Maharashtra that directed Honda Motors as well as the dealer to pay compensation to the respondent for mental and physical loss occurred; the bench of Dr. Inder Jit Singh, Presiding Member, stayed the impugned order and issued notice to respondents for filing a response within four weeks.
The respondent had purchased a Motorcycle worth Rs. 53,940/- manufactured by Honda Motors and sold by the Honda Motors dealer (respondent no. 2). After making the purchase, the respondent noted that since the beginning, the suspension of the motorcycle was not working properly, and this problem was communicated to the dealer.
On 13-07-2018, the first servicing was done but the problem persisted. Thereafter, the dealer repaired the motorcycle six times, but the issue was not resolved. The dealer informed the respondent that the problem occurred due to reduced air in the tier and that the suspension had no fault.
On 31-07-2018, the dealer changed the suspension shock of the motorcycle, but the problem was present even then. Consequently, the respondent filed an online complaint to Honda wherein he mentioned that the problem persisted since only the back side shock up was changed leaving the front side as it is.
The respondent had taken a loan to purchase the motorcycle and had repaid the amount of Rs. 18,000/-. The respondent filed a consumer complaint in the District Consumer Disputes Redressal Commission, Aurangabad, and stated that because of the deficiency in the service provided to him, he had suffered mentally, physically, and financially.
The Aurangabad Commission accordingly directed Honda Motors as well as the dealer to repair the suspension shock within 30 days. Being dissatisfied with the judgment, the respondent filed an appeal in the Maharashtra State Consumer Dispute Redressal Commission, Mumbai.
The Maharashtra State Consumer Dispute Redressal Commission observed, in the impugned judgment dated 06-02-2024, that the Aurangabad Commission had committed an error on the factual aspects and that no expert report was required as it could be concluded from the facts that there was a manufacturer defect in the vehicle. Consequently, Honda Motors was directed to take back the defective vehicle and replace the respondent with the same kind of vehicle within 45 days.
It was also stated that the impugned judgment and order passed by the Aurangabad Commission required to be modified particularly to direct Honda along with the dealer to jointly pay a sum of Rs. 10,000/- to the respondent due to mental and physical harassment. They were also directed to pay Rs, 5000/- to the respondent as a cost of the appeal.
The instant revision petition was filed by Honda Motors in the National Consumer Disputes Redressal Commission, New Delhi (‘NCDRC’), against the order of the State Commission of Maharashtra through which notice was issued to both the respondents to file their response to the petition within four weeks.
NCDRC also granted six weeks to both sides to file their written arguments and stayed the operation of the impugned order till the next hearing, provided Honda deposited Rs. 25,000/- with the Registry of the Commission within four weeks.
[Honda Motorcycle & Scooter India Pvt. Ltd. v. Markad Mahesh Aasaram, 2024 SCC OnLine NCDRC 118, decided on 20-05-2024]
Order by: Dr. Inder Jit Singh, Presiding Member,
Advocates who appeared in this case:
For Petitioner — Advocate Abhinay, Advocate Pooran Chand Roy, Advocate Deeksha Prakash
For Respondent — None
