As an explanary example of gaining consumer rights, the consumer court in Nasik, Maharashtra has ordered two leading motorcycle companies and their defaulted dealers to compensate two consumers who have been handed over faulty bikes. The court has ordered the defaulters to replace the faulty bikes or repay the purchase amount along with the interest amount for the period that the consumer was aggrieved.
The order came in as a result of an appeal made by Santosh Kulthe, a resident of Kamatwada, on May 28, 2012. He stated that the bike from a leading brand purchased on March 16, 2010 would heat up excessively even though the vehicle had not covered more than 10 to 15 km a day. The issue was brought to the service center personnel but it was not attended to. As per Alka Kulthe, Santosh’s representative in court, “My client had brought the defect to the notice of the service station. Officials at the service station had noted the complaint on job cards and said the system-clearing would take some time.” However, Jalinder Tadge, Company’s official refuted the charges saying, “Santosh was not ready to keep his motorcycle for repair and he had filed the complaint with the company lawsuit after the warranty period of the bike expired on March 15, 2012. Besides, the client did not bring his motorcycle for servicing for the period of 10 months and it was the extensive use of the vehicle that caused the damage. The bike had no manufacturing defect.”
Onother aggrieved consumer Dnyaneshwar Watpade, a resident of Vani village in Niphad, had reportedly bought a bike from a showroom of another motorcycle major on July 1, 2011 for Rs 53,726. His problem stated that the bike automatically pulled right and asked the company for rectification, but after many efforts the service station denied repairing the fault. Alka Kulthe who also represented Watpade stated, “client had complained to the company about the motorcycle pulling towards right. While there were efforts by officials at the service station to set things right, it did not help. Besides, Watpade produced a certificate from an automobile engineer claiming that the motorcycle was defective. But the service station and the company refused to accept it. We only wanted the vehicle to be replaced or get the money back.” To this the company lawyer Priya Lonari stated, “He did not keep his vehicle at the showroom for the rectification,"
Court observed both the sides and stated, “Considering the facts, the consumer should either get the motorcycle replaced or be refunded the entire amount he paid at the time of booking. He should also get an interest at a 7% rate on the sum, compensation for mental harassment (Rs 10,000) and Rs 2,000 as damages for costs.”
Source: TOI
