NCDRC stays consumer court order to replace Honda motorbike without seeking expert report

The National Consumer Disputes Redressal Commission (NCDRC) recently stayed a State Consumer Commission order directing Honda to replace a motorbike over an alleged manufacturing defect, without calling for an expert report to prove the said defect [Honda Motorcycle & Scooter India Pvt. LId v. Markad Mahesh Aasaram].

NCDRC member Inder Jit Singh passed the interim order on May 20 (Monday), while seeking the response of the bike owner to a revision petition filed by Honda against the State Commission’s verdict.

The owner has been given four-weeks to respond. The matter has been listed for further hearing in October. In the meanwhile, the NCDRC stayed the operation of the State Commission order.

“Operation of the impugned order is stayed till next date of hearing subject to petitioner herein depositing Rs 25,000/- with the Registry of this Commission within four weeks,” the NCDRC said.

By way of background, a bike owner had approached the consumer dispute redressal fora in Maharashtra on allegations that his Honda motorbike’s suspension system had not been functioning properly ever since he had purchased it.

He claimed that there was a defect in its suspensions system, which could not be rectified despite six repair attempts.

On February 6, 2024, the State Consumer Commission passed a ruling against Honda while observing that there was no need to call for an expert report on whether the alleged defect stood proved.

Notably, as per Section 13(1)(c) of the Consumer Protection Act, if a complaint alleges a defect which cannot be determined without proper analysis or test of the goods, there must be an expert report to prove the defect.

However, the State Commission had opined that numerous repair attempts on the vehicle by Honda themselves indicated the existence of a manufacturing defect.

“There is no need to call any expert report,” the State commission had said, while ordering Honda to replace the vehicle and slapping a ₹15,000 penalty on it.

This order has now been challenged before the NCDRC by Honda by way of a revision petition.

The matter will be heard next on October 10, 2024.

Honda Motorcycle & Scooter India Pvt. Ltd. was represented before the NCDRC by advocates Abhinay Sharma, assisted by advocates Pooran Chand Roy and Deeksha Prakash of ASL Partners.