Thrissur Consumer Commission Orders Honda to Refund Bike Price for Manufacturing Defect, Absolves Dealers
Pranav B Prem
The Thrissur Consumer Disputes Redressal Commission bench comprising C.T. Sabu (President), Sreeja S. (Member) and Ram Mohan R. (Member) has held Honda Motor Cycles & Scooters India Pvt. Ltd. liable for selling a motorcycle with a manufacturing defect, directing the company to refund the purchase price along with compensation and costs.
Background
The complainant, P.K. Abdul Malik, purchased a “3 Unicon 150 Black” bike from Sreevari Automotives Pvt. Ltd., Vadakkancheri Branch (first dealer) for a total consideration of ₹81,826, as evidenced by two invoices dated 22 October 2016 and 25 October 2016. The vehicle, manufactured by Honda Motor Cycles & Scooters India Pvt. Ltd., began exhibiting oil leakage from its engine within one month of purchase. The issue was first attended to by Sreevari Automotives Pvt. Ltd., East Fort, Thrissur (second dealer), which carried out repairs. However, the defect recurred, prompting replacement of certain parts by the second dealer. Despite these interventions, the problem persisted.
Alleging that the opposite parties sold him an inferior quality vehicle and failed to resolve the issue despite a legal notice, the complainant approached the Commission seeking refund of the purchase price, compensation for mental agony, and litigation costs. The first and second dealers admitted the sale but denied any manufacturing defect, attributing the problem either to accidental damage from hitting a hard object or to unauthorised disassembly of the engine by an incompetent workshop. They claimed to have replaced parts free of cost and expressed willingness to replace the engine but refused to exchange the vehicle. The manufacturer did not file a written version and was proceeded against ex parte.
Findings of the Commission
The Commission examined the complainant’s evidence, including invoices, legal notice, owner’s manual, job card invoices, and the report of the Expert Commissioner (Ext. C1), which confirmed oil leakage and faults in the engine and drive chain. The contesting dealers’ own records (Ext. P6) revealed that they had, free of cost, replaced the crank case components—costing over ₹5,225—within six months of purchase. The bench observed that such replacement of crucial and costly parts so soon after purchase strongly indicated a defect intrinsic to the vehicle.
Rejecting the dealers’ contention of accidental damage or incompetent repairs, the bench held: “Had it been a defect or fault attributed to the vehicle’s engine having hit on any hard object… they… would not have taken the pain to free of cost replace a crucial and costly part of the vehicle.” The Commission concluded that the defect was a manufacturing defect and that the manufacturer alone was liable, as the defect persisted despite part replacements. It also held that the manufacturer’s failure to file a written version amounted to admission of the allegations.
Order
Allowing the complaint against the manufacturer alone and exonerating the dealers from all liabilities, the Commission directed Honda Motor Cycles & Scooters India Pvt. Ltd. to:
Refund ₹81,826, the purchase price of the vehicle.
Pay ₹25,000 as compensation for mental agony and hardship.
Pay ₹10,000 towards litigation costs.
All amounts are to carry interest at 9% per annum from the date of filing the complaint until realization. The manufacturer was also given the option to take back the vehicle at its own expense within 30 days of complying with the order. The complaint was allowed only against Honda Motor Cycles & Scooters India Pvt. Ltd., which was ordered to refund the purchase price along with compensation and costs, while the first and second dealers were completely absolved of liability.
Cause Title: P.K Abdul Malik V. Manager, Sreevari Auto Motives Pvt. Ltd.
Case No: CC/ 298/2017
Coram: C.T. Sabu [President], Sreeja S. [Member], Ram Mohan R. [Member]
