The District Consumer Disputes Redressal Commission of Chandigarh has asked an Italian motorcycle importer in Hyderabad to refund Rs 1.49 lakh to a Chandigarh woman for selling a ‘defective’ motorcycle.
Rajinder Kaur of Chandigarh alleged that she had purchased a Benelli Keeway SR 250 Motor Cycle from Atharva Autospace (Benelli Motorcycle dealership) on July 10, 2023, for Rs 1,49,000, imported by Adishwar Auto Ride India Private in Hyderabad, and it was carrying warranty of two years.
Kaur alleged that after a few days of its purchase when the complainant along with her son was going to Ropar on the said motorcycle, suddenly a plastic carry bag touched the silencer and it caught fire. The complainant stopped the motorcycle and found that silencer of the motorcycle was turned red hot. The complainant took the motorcycle to dealership and its first free service was done. The complainant was assured that the problem will not repeat in future but did not issue job card regarding it.
Kaur alleged that on August 9, 2023, when the complainant along with her husband was riding the motorcycle in Sector 19, Chandigarh, its silencer got red hot and the complainant immediately stopped the motorcycle. She clicked photographs and took the motorcycle to dealership, which examined the motorcycle and prepared a technical diagnostic report and mentioned in report that the bike is overheating and the silencer is turning red hot at the speed of 40 kilometres and it failed to solve the problem.
Kaur said that the motorcycle was retained by the dealership for repair, and she was informed by the dealership that the spare part is not available and the motorcycle cannot be repaired. The complainant said that she had no option but to take back the motorcycle and the same has been now lying unused at her residence since September 2023.
The dealership, Atharva Autospace, did not appear before the commission, and it was thus proceeded as ex-parte.
The importer, Adishwar Auto Ride India, denied all the allegations made against them and prayed for the dismissal of the complaint.
The commission on hearing the matter said that when the vehicle failed to run smoothly for even 900 kms within a period of 30 days of its purchase then, taking into account the ‘TDR- Technical Diagnostic Report’ dated August 9, 2023, issued by dealership, it can be concluded that the dealership and importer have sold a defective piece to the complainant.
The commission added that the opposite parties have failed to place on record any document which could establish that the abovesaid motorcycle is defect-free and running smoothly, and thus ordered importer/manufacturer, Adishwar Auto Ride India in Hyderabad, to refund price of the motorcycle, which is Rs 1.49 lakh.