NEW DELHI: A Bengaluru consumer court has directed Hero MotoCorp and its two authorised dealers to refund Rs 88,000 towards the price of a motorcycle after finding that the vehicle suffered from a recurring engine defect that remained unresolved despite more than 10 visits to the service centre.
The District consumer commission, comprising President Syed Anser Kaleem and members Sharavathi S.M. and Jyothi N, pronounced the order on 18 April 2026, holding the manufacturer and dealers jointly liable for the deficiency in service.
What was the disputeThe complainant, Ganesh J, a resident of Uttarahalli, Bengaluru, had purchased a Hero MotoCorp Xtreme 125 'R' motorcycle from authorised dealer Sai Motors on 1 July 2024 for Rs 98,709. Within days of purchase, the engine began turning off while the bike was still running on the road— a defect the commission described as "a dangerous symptom to the complainant's life itself" which "may cause accident while riding in the said vehicle."
The complainant first reported the issue to the dealer and also followed up by email. Despite repeated visits, the defect persisted. Over the next several months, the complainant visited the service centre more than 10 times.
Multiple components were replaced in the process, including the throttle body, clutch plates, clutch adapter switch, clutch lever, complete wiring kit, key set, fuel pump, fuel injector, and air filter. The throttle body was replaced twice, once with a special unit sourced from Hero MotoCorp's head office in Haryana, following an inspection by the company's R&D member.
The complainant also registered his problem on the National Consumer Forum portal, but received no response from the dealer or manufacturer. He also submitted video evidence of the defect on a pendrive before the commission.
Hero MotoCorp and its dealers contested the complaint, arguing that during a joint test drive of 12 kilometres conducted by the Territory Sales Manager, "the alleged defect could not be observed or reproduced." They further contended that the warranty policy "does not provide for vehicle replacement or refund under any circumstances" and that "no consumer is entitled to replacement or refund of their vehicle under warranty terms."
What did the court ruling says?The consumer court rejected this defence, noting an admission in the affidavit filed by the opposite parties themselves, that the vehicle turned off twice during a 40-kilometre test ride.
The commission observed that "if the vehicle turns off 2 times for 40 km, that is for 13,000 km of ride, the vehicle had turned off more than 650 times. This is the cleared admission of manufacturing defect."
The commission held that "once such an admission is on record, no further expert opinion is required"
It further noted that despite "over 10 visits to the service centre and replacement of multiple components," the problem of the engine turning off while riding on the road was not solved.
The bench directed Hero MotoCorp and Sai Motors jointly and severally to refund Rs 88,000 to the complainant — the purchase price of Rs 98,709 minus 10 per cent depreciation — upon return of the vehicle, within 30 days.
They were also directed to pay Rs 2,000 towards litigation costs. The complainant and the opposite parties were further directed to submit a compliance report within 45 days.
The TOI Legal Desk is a dedicated team of journalists committed t...
Read MoreThe TOI Legal Desk is a dedicated team of journalists committed to tracking and reporting on courts, legal developments, and judicial proceedings across the country and world.
Read Less
Follow Us On Social Media