Date of Filing:16.08.2007<br /> Date of Order: 29.02.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 29TH DAY OF FEBRUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1721 OF 2007 <br /> <br /> Mr. K.C. Rakesh,<br /> S/o Mr. K.G. Chandrashekar,<br /> R/o 359/1, I Floor, 6th Main Road,<br /> Nagendra Block, Banashankari III Stage,<br /> Bangalore-560050. Complainant<br /> <br /> V/S<br /> 1. Mr. Rahul Bajaj,<br /> The Chairman,<br /> Bajaj Pulsar Bike, <br /> Manufacturing Company, India,<br /> Bajaj Auto India Limited,<br /> Akurdi, Pune-411035,<br /> Maharashtra.<br /> <br /> 2. The Proprietor/Authorized Dealer, <br /> Bajaj Pulsar Bikes,<br /> M/s Popular Bajaj Motors Corporation,<br /> No. 123/107, II Main Road, 7th Block,<br /> Jayanagar, Bangalore-560 011. Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed U/Sec. 12 of the Consumer Protection Act, 1986 claiming Rs.1,00,000/- and travel expenses etc.,. <br /> The facts of the case are that, the complainant purchased Bajaj Pulsar Bike for Rs.59,267/- on 11/7/2007 from opposite party No.2. He took delivery of the vehicle on 14/7/2007 from the opposite party No.2. After taking delivery he drew the vehicle for 45 kilometers. He experienced problem in initial pickup and at the time of shifting gears, the complainant is feeling the hardness in gear box and gear shaft was missing. He experienced the defects in the vehicle and immediately took the vehicle on 14/7/2007 itself to the opposite party show room and lodged complaint regarding the defects and requested the opposite party No.2 to rectify the defects. After receiving the vehicle the mechanic of the opposite party No.2 did some check up and assured the complainant that the defect is rectified and asked the complainant to run the vehicle for one month. He used the vehicle for one month, but the vehicle suffered with some defects and he explained all the facts to the opposite party No.2 and sent letter. Opposite party not replied to the letter and failed to rectify the defects. The complainant too the vehicle from the show room of opposite party No.2 on 12/8/2007 and paid Rs. 203-08 for service charges. But the defects remained as it is with the vehicle. Opposite party No.1 and 2 are jointly and severally liable to compensate the complainant/deficiency in service. The complainant prayed for grant of Rs.1,00,000/- and expenses. <br /> 2. Notice was issued to opposite parties. Opposite party No.1 and 2 put in their appearance through advocate and defense version filed. It is stated that the complaint is pre-mature. They admitted that the vehicle was purchased on 11/7/2007. Free service warranty is in force for a period of two years from the date of purchase. There is absolutely no necessity for the complainant to rush to the Forum. Therefore, the complaint is liable to be dismissed. The problems if any in the vehicle having been attended promptly and there is no cause of action for the complainant. There was no manufacturing defect in the vehicle. There is no deficiency in service. Opposite party is not liable to pay a sum of Rs.1,00,000/- as claimed in the complaint. For all these reasons stated above, the opposite party No.1 and 2 prayed to dismissal of the complaint. <br /> 3. Affidavit evidence of both the parties filed. Arguments heard. <br /> <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of the opposite parties? <br /> <br /> 2. Whether the complainant is entitled to be <br /> compensated for mental agony and <br /> inconvenience? <br /> <br /> <br /> <br /> REASONS<br /> <br /> 5. All most all the facts are admitted in this case. There is absolutely no dispute. It is an admitted fact that the complainant had purchased Bajaj Pulsar Bike from opposite party No.2 on 11/7/2007 for Rs. 59,267/-. The invoice is produced. Form of Cover Note also produced. It is also admitted fact that the complainant has taken deliver of the vehicle from the opposite party No.1 on 14/7/2007. The complainant has produced letter given to the opposite party dated 14/7/2007. As per his letter he took deliver on 14/7/2007 and drew the vehicle for 45 kilometers and experienced problem in the initial pickup and gear shaft and gear was hard. Immediately he complained the matter to the executive of the opposite party No.2 Mr. Dileep. Again on 2/8/2007 the complainant has given letter to the opposite party and explained the problem and defects in the vehicle. Copy of letter is also produced. The complainant has produced the bill dated 12/8/2007 for Rs.203-08. This receipt is in respect of engine oil. The complainant has also produced job card and in the job card also the complainant has mentioned the defects in the vehicle and the problems faced by him in respect of the new vehicle purchased by him. The case made out by the complainant as regards the defects found in the vehicle shall not have to be accepted because soon after taking delivery he immediately noticed defects in the vehicle and wrote a letter to the opposite party and explained all the defects in the vehicle. He also complained to the executive Mr.Dileep and explained the defects and the problems faced by him. He had left the vehicle with opposite party for rectification of defects. Even after carrying out some repairs the complainant again face the same problem and the vehicle was not running smoothly and the defect was not removed. Thereafter he again left the vehicle for rectification on defects and job card also clearly goes to show that the vehicle was not free from defects. Naturally, a person who has purchased new vehicle suffers mental pain, agony and harassment if the new vehicle gives trouble. The complainant having been purchased vehicle on investing more than 60-70 thousand rupees naturally feels very discomfort and he will suffer mental tension and loose his valuable time in leaving the vehicle to the garage for repairs and rectification of defects etc.,. The opposite party being a repudiated company should see that the new vehicle should be free from any kind of defects. It is the duty and obligation of the opposite parties that the vehicle sold to the consumers should be perfect in all respect and the consumer should be happy to use the new vehicle, but in this case the consumer instead of being happy and satisfied with the new vehicle had suffered mental pain, agony and inconvenience. He has been put to loss not only monitory but physical and he has lost the valuable time in attending the vehicle. Therefore, it is a fit case to grant compensation. The word compensation has a very connotation it may extent to compensation for physical, mental or emotional suffering, insult or injury or loss. The Consumer Forum is entitled to award not only value of the goods but to compensate consumer for un-justice suffered by him. The counsel for the complainant referred the Judgment of Supreme Court reported in 2004(3) KCCR SN 200 their lordship held as under:-<br /> B.CONSUMER PROTECTION ACT, 1986-Sections 11 and 12-Compensation-Compensation cannot be the same in all cases irrespective of the type of loss or injury suffered by the consumer. <br /> <br /> The word ‘compensation’ has a very wide connotation. It may constitute actual loss or expected loss and may extend to compensation for physical, mental or even emotional suffering, insult or injury or loss. The Commission or the Forum is entitled to award not only value of goods or services but also to compensate a consumer for injustice suffered by him. <br /> <br /> The learned counsel for the complainant during the course of argument submitted that the complainant is ready to make use of the vehicle and the opposite party be directed to rectify the defects during the warranty period free of costs and the advocate for the complainant submitted that the complainant will be suitably compensated for physical, mental agony and emotional suffering and inconvenience discomfort caused to him. This submission of the counsel for the complainant is quite just and fare. So, in view of the facts and circumstances of the case, I feel it would be just fare and reasonable to award Rs. 20,000/- as compensation to the complainant for physical, mental and emotional sufferings. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is partly allowed. The opposite parties are directed to pay sum of Rs.20,000/- to the complainant for physical, mental and emotional sufferings. The opposite parties are also directed to give free services to the vehicle till the warranty period is over. The complainant is also entitled to Rs.2,000/- towards costs of the present proceedings from the opposite parties.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 29TH DAY OF FEBRUARY 2008.<br /> Order accordingly, <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />