BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 80/2021 AGAINST ORDERS IN CC. No. 257/2017 ON THE FILE OF DISTRICT CONSUMER FORUM, RANGA REDDY Between :-

Ashoka Motors India Pvt. Ltd

2-1-39, Beside Rajyalakshmi Theater, Uppal Ring Road, Uppal, Hyderabad Rep. by its Showroom Manager …..Appellant/Opposite party No.1 And

1.G. Aravind Kumar, S/o. Buchi Ramulu, Aged about 26 years, Occ:- Private Service, R/o. H.No.2-38, Street No.3, Veharika Colony, Medipally, Hyderabad-98, R.R. Dist.

……..Respondent/Complainant

2.India Yamaha Motors Pvt. Ltd., 208, VV Village Building, Raj Bhavan Road, Somajiguda, Hyderabad-500 082.

Rep. by its Authorized Signatory.

…Respondent/Opposite party No.2 Counsel for the Appellant : M/s. Abhay Singh Mr. Nelson Mathew Counsel for the Respondent No.1 : Sri. P. Pradeep Kumar Counsel for the Respondent No.2 : M/s. KNM Partner &

FA. No. 429/2021 AGAINST ORDERS IN CC. No. 257/2017 ON THE FILE OF DISTRICT CONSUMER FORUM, RANGA REDDY Between :-

India Yamaha Motor Private Limited A Company incorporated under the Provisions of erstwhile Companies Act,1956 (as amended till date), having its Registered office at First Floor, The Great Eastern Centre, 70, Nehru Place, New Delhi-110019.

(Through its authorized representative Mr. Nakhil Gaur.

…..Appellant/Opposite party No.2 And

1.G. Aravind Kumar, S/o. Buchi Ramulu, Aged about 26 years, Occ:- Private Service, R/o. H.No.2-38, Street No.3, Veharika Colony, Medipally, Hyderabad-98, R.R. Dist. ……..Respondent No.1/Complainant

2. Ashoka Motors India Pvt. Ltd A Company incorporated under the provisions of erstwhile Companies Act, 1956 ( as amended till date), available at 2-1-39, Beside Rajyalakshmi Theater, Uppal Ring Road, Uppal, Hyderabad …Respondent No.2/Opposite party No.1 Counsel for the Appellant : M/s. KNM & Partners Mr. R. Venkata Krishna Counsel for the Respondents : Notice Served &

QUORUM: Hon’ble Sri K.RangaRao - Presiding Officer-

Member- (Judicial).

&

HON’BLE SRI V.V.SESHUBABU, MEMBER (JUDICIAL)

MONDAY, THE 23RD DAY OF FEBRUARY, TWO THOUSAND TWENTY SIX *****

COMMON ORDER:

(HON’BLE SRI K.RANGA RAO, PRESIDING OFFICER-MEMBER- (JUDICIAL)

1. As both these appeals arise out of one and the same order i.e., order dt.20.01.2021 passed in CC. No. 257/2017 by the District Consumer Forum, Ranga Reddy, they are being disposed of by this common order.

2.For the sake of clarity it is to be mentioned at the threshold that the complainant filed complaint vide CC.No.257/2017 against Opposite parties.

3. The complainant submits that he had purchased the Yamaha Fascina Motor Cycle on 10.07.2017 from the Opposite Parties by paying consideration of Rs.67,540/- which was delivered on 11.07.2017. It was assured by the Opposite Parties that it would give a mileage of 66 kms per litre. But to his shock and surprise, it is not giving the mileage of more than 30 kms per litre. On bringing the said fact to the notice of the Opposite Parties, they refused to respond to the queries of the complainant. The act of the Opposite Parties in causing advertisement and claiming that the vehicle would give mileage of 66 kms per liter and as against the said claim, the vehicle is not giving mileage is nothing but deficiency in service and unfair trade practice. Hence this complaint.

4. The Opposite Party No.1 filed the written version admitting the purchase of the said vehicle from it but denied all the other averments and allegations of the complaint and submitted that it is a dealer of the Opposite Party No.2 and further submitted that it has not assured the complainant of the said mileage of the vehicle and further stated that there is no deficiency on their part and in fact has attended to the complaint of the complainant and has also replaced the carburetor of the said vehicle free of cost without any financial burden to the complainant and if there is any issue regarding mileage, it is for the Opposite Party No.2 to address the grievance and this Opposite Party is n