Man Wins Rs 20,000 Compensation After New Bike Developed Multiple Problems

Arun, a resident of Kadukutty Village in Kerala, had bought a new two-wheeler in February 2021 for around Rs 87,000. According to the complaint filed before the district consumer commission, the bike started showing problems within a short time of purchase.

He said the bike’s meter was not functioning properly and the fuel tank could only be filled slowly at petrol pumps. Arun also claimed that the bike was not running smoothly during regular use.

According to the complaint, the dealer had assured him that these issues would be fixed during the first service. However, Arun said the problems continued even after repeated servicing.

As the issues were not resolved, he approached the Thrissur district consumer commission and filed a complaint against the dealer and the manufacturer.

Expert Report Strengthened Consumer’s Case

An expert commissioner later inspected the vehicle and submitted a report before the commission.

The report stated that the fuel level indicator was faulty and gave unstable readings. It also noted that the fuel tank design made refuelling difficult and could lead to fuel spillage.

In addition, it was discovered during the test that the bike was difficult to manoeuvre at speeds of around 60 km per hour. It was also mentioned in the test report that the engine would overheat after travelling about 60 km, meaning the cooling system was not functioning properly.

The commission observed that these findings supported Arun’s claims that the defects had continued despite multiple repair attempts by the dealer.

Dealer Held Responsible

The commission had issued notices to both the dealer and the manufacturer. However, neither side responded before the commission, following which the matter proceeded ex parte.

The commission said the service records and expert report have shown that the dealer failed to properly fix the problems despite several services. This amounted to a deficiency in service.

However, the commission also noted that the expert report had not clearly stated whether the defects were due to a manufacturing fault. As a result, the manufacturer was not held responsible in the case.

The commission directed the dealer to pay Arun Rs 20,000 as compensation for the hardship, inconvenience and financial loss he had faced. It also ordered payment of Rs 10,000 towards litigation costs, along with 9 per cent annual interest from the date of filing of the complaint until payment.

FAQs

1. What can a consumer do if a new vehicle develops repeated defects?

A consumer can report the issue to the dealer or manufacturer and keep records of complaints, repair bills and service history. If the issue remains unresolved, a complaint can be filed before the consumer commission.

2. Can a consumer claim compensation for defective products?

Yes, consumer commissions can award compensation if the buyer proves financial loss, inconvenience or deficiency in service linked to the seller or product.