Legal Briefs

Ravindra Annappa Bindre paid Rs. 1,54,762 on October 19, 2015, for a Royal Enfield Thunderbird 350cc motorcycle manufactured by Eicher Motors.

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Expert opinion essential for replacing defective vehicle

Upon delivery, he noticed a sealant tape on the engine and was assured it was normal. However, oil began leaking during the ride home.

Bindre immediately returned the motorcycle to the dealer. He subsequently took it to the authorised service centre on several occasions, but the issue persisted. Bindre filed a complaint before the Additional Thane Consumer Forum, alleging that the motorcycle suffered from a manufacturing defect and that there had been gross deficiency in service, rendering the vehicle unusable.

He sought a refund of the purchase amount or a replacement of the motorcycle, along with a refund of the Regional Transport Officer (RTO) registration charges and insurance premium. He also claimed compensation for mental agony.

The dealer and the manufacturer contested the complaint and denied all allegations. They asserted that the subsequent leakage might have occurred due to Bindre's failure to follow operational instructions.

Although they offered to replace the engine, Bindre rejected the offer and demanded replacement of the vehicle.

The District Forum, in its order dated April 10, 2018, ruled in favour of Bindre and held both the dealer and the manufacturer jointly liable to either replace the motorcycle without any additional payment or refund its full price, including the RTO registration and insurance charges. The Forum also awarded compensation and litigation costs.

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