Thrissur Distrcit Commission Holds Honda Motor Cycles & Scooters Liable For Manufacturing Defect In Bike

Brief facts:

The complainant purchased a bike- 3 Unicon 150 Black from Sreevari Automotives Pvt. Ltd. , Vadakkancheri Branch ('first dealer') by paying a sum of Rs. 81,826/-. The vehicle was manufactured by Honda Motor Cycles & Scooters India Pvt. Ltd. ('manufacturer'). As per the complainant, the vehicle started exhibiting oil leakage from its engine within one month of purchase. The fault was reported by the complainant and the vehicle was repaired by Sreevari Automotives Pvt. Ltd. , East Fort, Thrissur (' second dealer'). However, the default allegedly recurred which was reported by the complainant. The second dealer then replaced the parts of the vehicle but the issue remained unresolved.

The first dealer, second dealer and the manufacturer are collectively referred to as 'Opposite parties'.

As per the complainant, the Opposite parties effectuated the sale of an inferior quality vehicle to him. A legal notice was then sent by the complainant but the issue was not resolved. Hence, a complaint was filed by the complainant against the opposite parties praying for appropriate compensation.

Submissions of first and second dealer:

The parties admitted the sale of the vehicle but denied any manufacturing defect in it. It was submitted that the defect in the vehicle can be attributed to hitting of its engine on a hard object or because of disassembling of the engine by an incompetent workshop. It was further submitted that the vehicle parts were productively repaired when it was brought to the service station. The dealers affirmed their readiness to further repair the vehicle by replacing the engine parts but refused to replace the vehicle in entirety.

The manufacturer was proceeded as ex-parte by the commission.

Observations of the commission:

At the outset, the bench took note of all the documents submitted by the complainant including the invoices, legal notice, vehicle owner's manual and the Expert Commissioner report. It was observed that the opposite parties had replaced the parts of the vehicle after thoroughly inspecting it. The bench held that the very fact that the opposite parties took the effort to replace free of cost such crucial and costly parts of the vehicle in less than six months of the purchase of vehicle indicates a manufacturing defect. It was further observed that had it been a default attributed to vehicle's engine being hit on any hard object then the opposite parties would not have taken the pain to free of cost replace a crucial and costly part of the vehicle.

Since the defect was a manufacturing defect, the manufacturer Honda Motor Cycles & Scooters India Pvt. Ltd. was only held liable to refund the purchase price of the vehicle.

The bench further held that the manufacturer's conscious failure to file a written version amounts to admission of the allegations levelled against it by the complainant. Thus, the complaint was allowed only against the manufacturer with the following reliefs:

1. Rs. 81,826 towards refund of invoice price of the vehicle
2. A sum of Rs. 25,000 as compensation for mental agony and hardship
3. Rs. 10,000 towards costs

The first and second dealer were exonerated from all the liabilities and allegations raised in the complaint.

Case Title: P.K Abdul Malik vs Manager, Sreevari Auto Motives Pvt. Ltd.

Case Number: CC/ 298/2017

Date of Decision: 25.07.2025