5 min readNew DelhiJul 30, 2026 11:31 AM IST
A Kerala consumer forum has held an Indian motorcycle manufacturer and its dealer guilty of deficiency in service and unfair trade practice after finding that they allegedly sold a motorcycle with multiple defects that came to light during its maiden ride after delivery. The commission ordered a refund of the bike’s purchase price of Rs 1.13 lakh, along with Rs 1 lakh as compensation and Rs 20,000 towards litigation costs.
President C T Sabu, along with members Sreeja S and Ram Mohan R of the Thrissur District Consumer Disputes Redressal Commission, was hearing the complaint of one Aneesh T D, who purchased the bike in 2016 but allegedly found a serious defect during its initial ride.
“The conduct of the 1 st and the 2nd opposite parties (authorised dealer and the manufacturer), in supplying a vehicle which was not in a condition expected of a new motorcycle and thereafter failing to satisfactorily explain the defects established by independent expert evidence, constitutes deficiency in service as defined under the Consumer Protection Act,” the July 15 order read.
The man claimed that he booked the bike on November 2, 2016, after being assured that the vehicle was of superior quality and would be delivered within one month and paid Rs 1.31 lakh. On December 12, 2016, he received the bike, but claimed that immediately upon taking delivery, during the initial ride, he noticed that the two-wheeler was not in proper condition and appeared to have serious defects.
He requested replacement of the vehicle, but the staff refused, stating that the defects would be rectified during the first periodic service and advised the complainant not to use the vehicle. However, after noticing corrosion and other defects, the man claimed that he developed a strong suspicion that the vehicle supplied had been affected by the Chennai floods and that the company had knowingly delivered the defective motorcycle while presenting it as a new one.
According to him, the company deliberately concealed the true condition of the bike and supplied a defective and potentially unsafe motorcycle, endangering his life and that of the general public.
Company, dealer’s defence
The manufacturer, represented by advocate Dhanya E U, submitted that the company is a reputed manufacturer of motorcycles, maintaining stringent quality standards through continuous research, development and rigorous product testing.
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It was submitted that as per the company policy, every vehicle undergoes a pre-delivery inspection and the complainant accepted the bike’s delivery only after being fully satisfied with the vehicle’s condition. The company argued that during the warranty period, the manufacturer’s obligation is confined to repairing or replacing defective parts and does not extend to replacement of the entire vehicle or refund of its price.
According to the counsel, the complainant approached them alleging alignment and balancing issues, and they were informed that motorcycle balancing depends upon factors such as the rider’s body weight, riding posture and the presence of a pillion rider.
The authorised dealer, represented by advocate Robins K Chunkath, denied the allegations that it had falsely represented the quality of the bike or that the complainant had detected defects at the time of delivery and demanded replacement. The counsel specifically denied that any assurance was given that the alleged defects would be rectified during the first service after 500 km or that the complainant was advised not to use the bike.
It further added that the man never brought the motorcycle to its authorised service centre for inspection, repair or service, and therefore it had no opportunity to verify or rectify any alleged defects.
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Alignment issues, prompt complaint: Forum
The commission noted that within one week of delivery, the complainant submitted a complaint before the police and on the very same date, he also approached the Regional Transport Office (RTO) seeking appropriate intervention regarding the condition of the vehicle.
“The promptness with which the complainant approached the statutory authorities rules out the possibility that the complaints were subsequently invented merely for the purpose of litigation,” it added.
Referring to the expert commissioner’s report, the commission noted that the running test conducted during inspection revealed that the bike continuously drifted towards the left side due to wheel misalignment. “The expert commissioner has specifically concluded that such defects are not expected in a brand-new motorcycle,” the commission found.
The commission directed the manufacturer to pay the complainant the purchase price of Rs 1.13 lakh. The authorised dealer was directed to pay him Rs 1 lakh as compensation for the mental agony, inconvenience and financial hardship, and Rs 20,000 as litigation costs. The panel added that the dealer would be entitled to take back the bike’s possession from the complainant upon making the complete payment.
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Takeaway
This ruling highlights that manufacturers cannot escape liability for defects in their vehicles or the resulting inconvenience caused to consumers. They remain accountable for deficiencies in service and must compensate consumers when warranted.
For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.
