The order was in response to a petition filed by Prashanth V and Jaichandra Menon, residents of Ernakulam. Complaint was filed against Kanif Motors at Edappally and UM Lohia Two Wheelers Pvt Ltd based in New Delhi.
Complainants purchased cruiser bikes for INR 2.9 lakh each. Right from the date of delivery, the bikes had various complaints, including starting problems, headlight failure, abnormal sounds and overheating. Despite regular servicing and raising complaints, the issues remained unresolved.
The complainants felt that using the bikes was unsafe. Subsequently, the second respondent refused to provide service. By the eighth service, necessary parts were unavailable in market. This occurred within warranty period. Although a manufacturing defect was found, no effort was made by the respondents to rectify it.
Dealer informed court that the real issue was a manufacturing defect. Meanwhile, the establishment itself was shut down and a complaint was filed with police. They stated that dealer was not responsible for the defects caused by manufacturing faults and that manufacturer should address them.
"By making spare parts unavailable in the market, the product becomes unusable. This is an unfair trade practice. Moreover, it violates consumer's right to repair and use," stated the bench.
The respondents must either replace the faulty bikes with new ones or refund INR 2,09,750 each for the bike's price. Additionally, they must pay INR 50,000 each as compensation and INR 10,000 each as court costs within 30 days, the court ordered.
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