(Passed on 22/06/2022)

Passed by Shri Atul D. Alsi, Hon’ble President 

1. The complainant purchased one pulsar motorcycle from OP who is the authorized dealer of Bajaj Auto Ltd.  bearing No. MH34/AQ0937 in the year 2013. On 30/12/2020, the complainant’s motorcycle met with an accident and OP estimated cost of repairs amounted to Rs. 33,170/-. The OP assured that the complainant’s motorcycle will be repaired in one month. Therefore, the complainant paid Rs. 10,000/- as advanced on 15/02/2019 and 3/3/2021 and agreed to pay remaining amount at the time of delivery of the vehicle. The complainant’s vehicle could not be repaired even after repeated demands. The reason for non availability of spare parts given by the OP is false. Therefore lastly on 26/6/2020, the complainant paid the remaining amount of repairs Rs. 22,170/- vide receipt No. 18268 to OP in cash. But on inspection of vehicle, the complainant’s vehicle was not full repaired and some original spare parts were replaced by chip spare parts. The complainant’s vehicle could not be repaired for long period of five months and OP and its staff pick quarrel with complainant and refused to hand over the vehicle even after payment of bill amount for the sole reason of non submission of gate pass.  The act on the part of OP refused to give the vehicle for the reason of non submission of gate pass amount to deficiency in service and the complainant suffered irreparable loss and loss of income for non availability of vehicle for long period of five months. The complainant suffered lot of inconvenience, mental torture. Therefore, the complainant is claiming Rs. 1,50,000/- with interest at the rate of 15 percent per annum from the date of filing of complaint as general damages and filed petition to direct the OP to hand over the fully repaired vehicle with genuine spare parts and cost of litigation amounted to Rs. 5,000/-.
2. The OP filed reply and denied allegations against it and submitted that on 1/1/2021, the complainant brought the motorcycle for repairs with OP. The complainant was given gate pass for the vehicle and told to keep it safe for the delivery of vehicle. The complainant’s vehicle was inspected by insurance surveyor  on 14/01/2021. Due to Covid-19 period the spare parts were not available from Bajaj Auto Ltd. and the repairs of vehicle depends upon the availability of spare parts and this fact was told to the complainant at the time of repairs of vehicle. The spare parts were received from company on 16/03/2021, 19/4/2021, 20/04/2021 and 20/05/2021. The Ops workshop was closed during the period of Covid-19 till 7/6/2021. The insurance surveyor inspected the vehicle of complainant on 24/06/2021. The complainant paid balance amount of bill Rs. 22,171/- on 26/06/2021 but failed to submit gate pass which is necessary for delivery of vehicle. The complainant did not turn up from 26/06/2021 to take his vehicle nor paid station vehicle charges of Rs. 480/- per day amounted to Rs. 9,600/- from 13/07/2021 and filed false case. Therefore the case is deserved to be dismissed with cost.
3. Counsel for the complainant argued that even after payment of bill amount of Rs. 22,170/- on 26/06/2021, the OP failed to give delivery of vehicle for non submission of gate pass. There is no document which says without gate pass, vehicle cannot be delivered and it should be forfeited. Further the OP falsely contended that due to lockdown, part could not be available and some delay is caused due to inspection or service of insurance company. There is no lockdown in the month of January 2021 till  March 2021. The complainant paid entire amount of repairs. There is no question of insurance claim arose. Therefore non delivery of vehicle for non availability of gate pass thus amount to deficiency in service  and unfair trade practice on the part of OP.
4. The counsel for OP argued that on 1/1/2021, the complainant brought vehicle for repairs with OP and at that time gate pass for the vehicle is given to the complainant with instruction that the vehicle will not be delivered without gate pass. The complainant did not turn after payment of balance bill amount of Rs. 22,171/- from  26/06/2021 till today. Therefore the complainant is liable to pay Rs. 9,600/- as vehicle station charges. The complainant’s vehicle was repaired to the satisfaction of complainant at the time of payment of balance amount. Therefore the present complaint has no merit and it deserves to be dismissed with cost.

REASONING

5. The complainant’s vehicle bearing No. MH34/AQ0937 met with an accident on 30/12/2020 and brought for repairs on 1/1/2021 with OP whose authorized dealer of Bajaj Auto Ltd. The spare parts received by OP for the complainant’s vehicle on 16/03/2021, 19/04/2021 and 20/05/2021. The complainant paid balance amount of repair charges amounted to Rs. 22,171/- on 24/06/2021. The OP refused to give delivery of vehicle for non submission of gate pass of the vehicle. There is no documents filed on record that gate pass for delivery of vehicle is mandatory. Gate pass is given for identification of owner with vehicle. In case of missing of gate pass, there are other ways to identify the owner with vehicle with holding of vehicle for gate pass which resulted in non utilization of vehicle for the purpose of which the vehicle is purchased thus amount to deficiency of service and therefore direction is given to OP to hand over the vehicle of complainant without charging any stationery charges or other charges with compensation for  mental torture amounted to Rs. 25000/- with cost of litigation of Rs. 10,000/- to the complainant as per following order.

ORDER

1. The complaint is partly allowed.
2. The OP shall deliver the vehicle immediately to the complainant without insisting gate pass without charging stationery charges or other charges  and OP is liable to pay Rs. 25000/-  towards compensation for mental torture and agony with cost of litigation amount to Rs. 10,000/-.
3. Copy of order be furnished to both parties, free of cost.