IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble THIRU  JUSTICE R. SUBBIAH: PRESIDENT

              

F.A. No. 547 of 2022

[Against the order passed in C.C. No.29 of 2014 dated 03.08.2022 on the file of the D.C.D.R.C., Vellore].

 

Tuesday, the 31^st  day of October, 2023

 

The Manager,

Selvam Motors, Authorized Dealers for:

Honda Motorcycle & Scooter

India Pvt. Ltd., New Byepass Road,

Vellore – 632 012.                                      .. Appellant/first opposite party

 

- Vs –

1. Thiru.S.Narayanamurthy,

    S/o Sri Rama Gounder,

    No.57, Kavarai Street,

    Kannamangalam Village & Post,

    Arni Taluk,

    Tiruvannamalai District – 632 311.                   .. 1^st Respondent/ Complainant

 

2. The Regional Manager,

    Honda Motorcycle & Scooter India Pvt. Ltd.,

    Plot No.1 & 2 Sector -3, IMT Manaesar,

    District Gurgon (Harayana) 122 050.

 

3. The Regional Transport Officer,

    RTO Office, RTO Road, Phase-II,

    Sathuvachari, Vellore – 632 009.

 

4. The Regional Transport Officer,

    RTO Office, Vellore to Arni Main Road,

    Ragunathapuram Koot Road,

    Arni, Thiruvannamalai Dt.             … Respondents 2 to 4/OPP.2 to 4

          For the Appellant/1^st  opposite party: M/s. S.K.Chandrakumar

For the 1^st Respondent/Complainant: M/s. S.Angamuthu

For the Respondents 3&4/Opp.3&4 : M/s. K.Kumaran

For the Respondent No.2/Opp.No.2 : Notice Served.

 

                                                         

This appeal came up for final hearing on 11.10.2023 and on hearing the arguments of the counsel for the appellant/first opposite party and the Respondents 3 & 4, posted for orders on 25.10.2023. 

In the meantime, the 1^st Respondent/complainant has filed CMP Nos. 897 and 898 of 2023 to reopen the case and for receiving the additional documents and both the petitions have been taken up for hearing along with the appeal on 25.10.2023 and on hearing the arguments of the counsel for the appellant/first opposite party and the Respondents 3 & 4 and the 1^st Respondent/complainant, and on perusing the material records, this Commission made the following:-

O R D E R

R.SUBBIAH J., PRESIDENT

           This appeal has been filed under Section 41 of the Consumer Protection Act and Rule 11 of the Consumer Disputes Redressal Commissions Rules, 2020, as against the order dated 03.08.2022 passed by the District Consumer Disputes Redressal Commission, Vellore in C.C.No.29 of 2014, allowing the complaint filed by the 1^st Respondent herein in part.   For the sake of convenience, the parties will be referred as per the rankings before the District Consumer Disputes Redressal Commission, Vellore.

 

 2.   The case of the complainant before the District Commission is that the first opposite party is the authorized Dealer and the 2^nd opposite party is the Registered Office of Honda Motor Cycle and Scooter India (P) Limited.  Being a reputed company and having good name and fame, the complainant approached the first opposite party to purchase a new Honda Two Wheeler ACTIVA Purple.  At that time, the first opposite party has told the complainant to pay an advance amount of Rs.1,000/- towards colour selection and accordingly the complainant selected the colour and has paid an advance amount of Rs.10,000/- on 11.02.2014.  At that time the first opposite party has told the complainant that the total cost of the vehicle would be at Rs.57,087/-.  Further, the first opposite party has told the complainant that they would arrange loan from HDFC Bank, Vellore Branch, to purchase the said bike.  On 12.02.2014, the first opposite party intimated the complainant about the availability of the bike ordered by him for delivery and directed him to pay the registration charges immediately.  The complainant has paid a sum of Rs.9,385/- to the first opposite party on the same day without any delay.   On 13.02.2014, the first opposite party has delivered the bike to the complainant.  On 20.02.2014, the fir

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