Chandigarh

DF-II

CC/525/2016

Masoom Sushant Gumbhir - Complainant(s)

Versus

Bajaj Auto Limited - Opp.Party(s)

Karan S. Gill Adv.

28 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	525 of 2016
Date  of  Institution	:	27.07.2016
Date   of   Decision	:	28.09.2018

 

 

 

 

Masoom Sushant Gumbhir son of Sh.Vivek Kumar Gumbhir, resident of #3077/2, Sector 44-D, Chandigarh.   

 

             ……..Complainant

Versus

 

1]  Bajaj Auto Limited, Akurdi, Pune 411035

 

2]  Bajaj Auto Limited, #B-60/61, Nariana Industrial Area, Phase-2, New Delhi 110028

 

3]  Bajaj Auto Limited, SCO No.2, 2^nd & 3^rd Floor, Phase-5, SAS Nagar, Mohali 160059 (Punjab).

 

4]  Hind Motors Limited, # 9, Industrial Area, Phase-1, Chandigarh.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By:     Sh.Karan S. Gill, Adv. for complainant.

Sh.Arshdeep Singh Cheema, Adv. for OPs.

 

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, he purchased Bajaj Pulsar RS200 Motorcycle, manufactured by OP No.1, bearing Engine No.JLZCFC11027, Chassis No.MD2A55FZXFCC26852, from Opposite Party No.4 for an amount of Rs.1,32,400/- on 20.7.2015 against bill and got it registered with Registering Authority, Chandigarh vide Regd. No.CH-01BD-1010 (Ann.C-1 & C-2). The said motorcycle carried a warranty of Two years (Ann.C-5).

         It is averred that soon after purchase, the motorcycle failed to start and when it was taken to Opposite Party No.4, the defect of blinking sensor light on the dashboard panel was noted.  On 10.11.2015, after first service, the said sensor light again started blinking and the matter was reported to OP No.4, whose official, after thorough check-up, verified inherent manufacturing defect of fault of crank angle.  Despite best efforts, the said defect could not be rectified by the Service Engineers. It is submitted that on 21.12.2015, the second free service was conducted and the persistent problem of Engine Sensor Light Blinking coupled with noisy Silencer was observed by mechanics of Opposite Party No.4 and on examination, it revealed that there were detached rivets inside the Silencer, which needed replacement, which was shocking for the complainant just after one month of purchase of motorcycle.  It is also submitted that after few days, the defective Silencer was duly replaced with a new Silencer, but the high temperature gasket of old Silencer were re-used and few undersize bolts were also used instead of proper size bolts to complete the assembly of the motorcycle.  It is stated that on 6.2.2016, the motorcycle in question stopped abruptly with Sensor failure appearing on the dashboard panel and ultimately, and as such, the bike was taken to Opposite Party No.4.  It is also stated that OPs sold a sub-standard and inferior motorcycle to the complainant after charging full consideration amount knowing fully well that the said defective motorcycle had inherent manufacturing defect inside the engine block having defect in the crank sensor showing crank angle defect and engine not cranking/self-starting.  It is further stated that the engine assembly is the heart and soul of the motorcycle and any defect in the same needs the replacement of the motorcycle itself. It is also stated that the said matter was brought to the notice of Opposite Party No.1 also, but they did nothing.  Hence, this complaint has been filed with prayer to refund the invoice amount along with compensation etc., alleging deficiency in service and unfair trade practice on the part of Opposite Parties. 

 

2]       The OPs No.1 to 4 have filed joint reply and while admitting the sale and repair/service of the vehicle in question, stated that the motorcycle in question was received by the dealer for the first time for its first service on 17.8.2015 after it had already run/covered 699 kms., no complaint of any sort was made or reported to the dealer and the said job card was signed by the complainant.  It is stated that on 16.11.2015, the motorcycle was again brought with complaint of silencer noise, the silencer was found to be faulty, but since the new one was not available in the stock, so it could be replaced on 24.11.2015, free of cost.  It is submitted that after the complaint of abrupt stopping of the motorcycle, the official of Opposite Parties visited the spot, there was no breakdown and the motorcycle started on the first go.  It is also submitted that perusal of the job card shows that the test drive of 21 Kms was taken and no issues/defects were found in the motorcycle. It is stated that the complainant is trying to misuse the process of the law and in fact the product/motorcycle which he had purchased has no manufacturing defect whatsoever and it is also clear from the jobs cards.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties have prayed for dismissal of the complaint.

       

3]       Complainant also filed rejoinder thereby reiterating the assertions made in the complaint.

 

4]      Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record.

 

6]       The complainant purchased motorcycle Bajaj Pulsar RS200 bearing Engine No.JLZCFC11027, Chassis No.MD2A55FZXFCC26852, bearing Regd. No.CH-01BD-1010, for an amount of Rs.1,32,400/- on 20.7.2015 from Hind Motors Limited/Opposite Party No.4 (Ann.C-1). Just after purchase of the motorcycle and its use for few kilometers, the complainant noticed vibration due to defect in Crank Angle, Noise in Silencer with Engine Sensor light blinking Off & On. The complainant took his motorcycle for repair with OPs but despite their best efforts in Service Centre, the defects in the motorcycle could not be repaired to the entire satisfaction of the complainant. 

 

7]       Bajaj Pulsar RS200 of M/s Bajaj Autos alleged to had undergone comprehensive cosmetic upgrades.  It gets twin projector headlight and rear feature crystal ED Tail Lamps.  The bike propels on a single cylinder, four stroke, Sotic, liquid-cooled 199.5 cc Engine generating 24.16 bhp at 9750 rpm and 18.6 Nm at 8000 rpm.  Power  is barred by dual disc brakes and anit-lock-braking system present upfront adds further dint to the braking force.  The motorcycle claimed to be one of the best in similar category bikes available all over the world.  The Opposite Parties on their website projecting the said bike as Next Generation Technology, India’s No.1 Sports Bike. The motorcycle in question is provided with Warranty of 2 years or 30000 Kms, whichever occurs earlier from the date of sale.  The Owner’s Manual regarding the bike in question contain details of the complex system with its Key Feature available in the said Motorcycle (Ann.R-19).  The blinking of Dashboard Lights in the motorcycle definitely create panic and it can endanger the life of its rider in the mid of the traffic on road.  The motorcycle in question has been after its purchase on 20.7.2015, brought to the service centre on 10 times i.e. 17.8.2015, 16.11.2015, 24.11.2015, 21.12.2015, 9.2.2016, 25.6.2016, 13.1.2017, 20.1.2017, 13.8.2017 (Job Cards available on file), on account of persistent occurring of faults in its operation.  The complainant has to bear and paid the amount time to time for repair of the motorcycle, though, the same be within warranty.    

 

8]       The motorcycle in question was referred to Punjab Engineering College (Deemed to be University), Chandigarh for technical examination of the motorcycle in question and for their opinion thereon regarding defects, if any.  The motorcycle was taken to the Punjab Engineering College, Chandigarh by the complainant by loading on Cart for its technical inspection, as per order of this Forum. 

 

9]       The Board of Technical Officers in Punjab Engineering College (Deemed to be University), Chandigarh, inspected the motorcycle in question in the present of the representative of the OPs as well as complainant on 11.12.2017 and opined as under:-

 

    “The vehicle having registration no.CH01 BD-1010, Engine No.JLZCFC11027, Chassis No.MD2A55FZXFCC26852 was presented for inspection.  The vehicle in question was inspected by the committee. The vehicle in question could not start even after replacing the battery of another motorcycle (similar make).  The Diagnostic tool brought by Pratap Auto, Chandigarh was used to know the problem in the vehicle, which repeatedly show “Cylinder Misfire”.  The vehicle odometer reading on the day of inspection was 10220.

 

         On perusal of the records and with the result of the diagnostic tool the committee is of the view that there is a problem in the crankshaft position sensor of the vehicle in question.  The first sign of crankshaft position sensor failure, usually, is the refusal of the engine to start. The crankshaft position sensor monitors the position and speed of the crank shaft and other parameters that play an important role when starting the engine. If the crankshaft position sensor is having a problem, the vehicle may have intermittent starting issues or may not start at all.”

 

10]      The complainant is a student of B.Tech at Doaba Group of Colleges, District Mohali (Punjab) and he has purchased the motorcycle in question after spending huge amount of Rs.1,32,400/- for his convenience to attend his classes from Chandigarh to Mohali and for smooth & comfortable ride, but compelled to suffer a lot by taking a break from his studies in order to take the motorcycle to the OPs for repairs time & again. The complainant under the compelling circumstances has also to buy a new motorcycle on 12.3.2016 from M/s Partap Auto (India) (P) Ltd. for an amount of Rs.1,38,520/- to enable him to attend his B.Tech Classes in Doaba Group of Colleges at Village Ghataur, Tehsil Kharar, District Mohali (Punjab).

 

11]      From the Expert Committee Report of Punjab Engineering College (Deemed to be University), Chandigarh, referred to above, which inspected the motorcycle in question without any bias and favour, it is established that the motorcycle in question, purchased by the complainant, suffers from inherent/ manufacturing technical defect, which caused a huge hindrance in its smooth driving and use by the complainant.

 

12]      If a vehicle continues to have a defect within the warranty period even after it has been repaired four or more times or has been out of service at a dealership for thirty days or more and the problem substantially impairs its use, value or safety, then the vehicle is considered to be a lemon and it is then upto the consumer to decide whether he or she wants a refund of money and to give back the vehicle or whether he or she wants a replacement of vehicle.  In some States of United States of America, even one or two repair attempts to fix a serious safety related defect is sufficient to meet the lemon law. 

 

13]      Keeping into consideration the facts in issue, as discussed in the preceding paragraphs, the deficiency in service and unfair trade practice is proved on the part of OPs. The onerous duty lies upon the OPs to redeem the complainant from this tortuous miscarriage of justice. Therefore, the present complaint is allowed.  The Opposite Parties are jointly & severally directed to refund Rs.1,32,400/- to the complainant being invoice price of the motorcycle in question along with compensation amount of Rs.15,000/- and litigation cost of Rs.7000/-

 

         The OPs shall comply with this order within a period of 30 days from the date of receipt of certified copy of this order, failing which they shall also be liable to pay an additional compensatory cost of Rs.15000/-, apart from the above relief.

 

14]      The complainant is also directed to return the motorcycle in question to the Opposite Parties and to execute/sign all requisite documents regarding transfer back of ownership of motorcycle in question in favour of OPs, after receipt of the above mentioned decreetal amount.

         Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

28^th September, 2018                                                             Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER