Delhi

North West

CC/127/2014

kanval jeeet singh - Complainant(s)

Versus

M/S BAGGA LINK - Opp.Party(s)

04 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 127/2014

D.No.__________________         Date: ________________

 

IN THE MATTER OF:

 

KANWALJEET SINGH S/o SH. BALDEV SINGH,

R/o H-88, H-BLOCK, J.J. COLONY,

WAZIR PUR, DELHI-110052. … COMPLAINANT  

 

Versus

 

 

1. M/s BAGGA LINK: BAJAJ,

    BAGGA LINKS SERVICE LTD.,

    (THROUGH ITS MANAGER/DIRECTOR),

    B-34/10, G.T. KARNAL ROAD INDL. AREA,

    DELHI-110033.

 

2. M/s BAJAJ AUTO LTD.,

    (THROUGH ITS MANAGER/DIRECTOR),

    AKURDI, PUNE-411035 (INDIA).                     … OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

 

                                                        Date of Institution: 27.01.2014

                                               Date of decision: 04.01.2018

 

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the

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          complainant purchased one Platina Motor-Cycle bearing Registration no. DL-6-SAK-5650 for a sum of Rs.44,110/- vide bill no. PTNA-6905 on 21.05.2013 from OP-1 and the vehicle was got financed by OP-2 for Rs.20,000/- for 8 months installments. The complainant further alleged that since the purchase of the vehicle there were a number of problems/faults in the vehicle and the complainant made complaints to the service centre of OP-1 and service Head of OP-1, Mr. Anil told the complainant that as you have purchased a new vehicle so that you have felt some problems in the vehicle but after 1^stservice all will be OK and the vehicle will be normal in all respects but after the service of the vehicle the fault remained at the own place and the complainant made complaint the OPs and one Mr. Subramanaim, the G.M. of OP-1 advised to leave the vehicle with them and the complainant leftthe vehicle with OP-1 on 22.08.2013 against job card no. AAA 04034207 and the vehicle was returned to the complainant on 24.08.2013 and assured that the vehicle will be right and OK but to the utter shock and surprise the faults therein were not removed from the vehicle. The complainant further alleged that on complaint, the Area Manager of OP-2 visited and checked the vehicle and advised the complainant to visit at Link Road, Karol Bagh, New Delhi at service station and the complainant left his vehicle with them on

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          30.08.2013 and the vehicle was returned to the complainant on 07.09.2013 but the faults were not rectified/removed from the vehicle and the complainant made various complaints to the OPs but having no option for his grievances and the complainant visited/approached the Mediation Centre on 16.09.2013 and the Delhi Govt. Mediation & Conciliation Centre (Delhi Disputes Resolution Society (Regd.), vide its orderwhich was to be complied by both the parties but no other service centre could check the vehicle and as such the compliance of the order  dated 30.09.2013 could not be affected by the parties and as such the complainant again moved to the Delhi Govt. Mediation & Conciliation Centre on 14.10.2013 and by the intervention of the Mediation Centre again its order dated 28.10.2013 the matter was compromised and as agreed the complainant left his vehicle with M/s Swadeshi Auto Pvt. Ltd., Wazirpur Indl. Area, Delhi on 07.11.2013 and the vehicle was returned to the complainant on 27.11.2013 but they have not removed any fault from the vehicle. The complainant further alleged that the vehicle also met with an accident by some person of the OPs and the complainant visited again to the Delhi Govt. Mediation & Conciliation Centre but they advised to move to the Consumer Forum and the vehicle is well within the period of warrantee and the OPs are duty bound to remove the faults from the vehicle but

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          the OPs have failed to rectify/remove the problems/faults in the vehicle. The complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OPs.

2.                 On these allegations the complainant has filed the present complaint with a prayer to direct the OPs to return the purchase money of Rs.44,110/- being the cost of the vehicle to the complainant alongwith interest from the date of its purchase as well as compensation of Rs.50,000/- for damages, harassment and mental agony and has also sought cost of litigation.

3.       The OPs have been contesting the case and filed reply wherein OPs submitted that the complaint is not maintainable and same is liable to be dismissed. OPs further submitted that the complainant has already approached to the Delhi Govt. Mediation & Conciliation Centre on three occasions i.e. on 16.09.2013, 14.10.2013 & 18.11.2013 and the complainant has not mentioned in the entire complaint about the particulars of the defects in the vehicle so that it can be ascertained whether it amounts to manufacturing defects or some other defects. OP further submitted that the complainant has raised specific allegation against the M/s Swadeshi Auto Pvt. Ltd. but they were not made a party to the present complaint and the complainant failed to produce any expert opinion as has been

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          directed by the mediator vide its order dated 30.09.2013 hence due to non-compliance of the order of the mediator, the complainant cannot seek any relief. OP further submitted that the complainant purchased a Bajaj Platina 100 CC motor-cycle from Bagga Link Services Ltd., Karol Bagh on 21.05.2013 for an amount of Rs.44,110/- and the vehicle registration no. DL-6S-AK-5650 and the vehicle was test driven by the complainant and was completely satisfied with the performance of the vehicle and the vehicle is perfectly road worthy and in running condition and as per the vehicle history, the vehicle covered a mileage of 2954 KMS till 26.08.2013. OP further submitted that the vehicle after manufacturinghas been tested in various levels and found OK and then it has been dispatched to the authorized dealer and the OP-1 and the authorized dealer have also before delivery of the vehicle have checked and after pre-delivery inspection then only the vehicle has been delivered to the customers. OP further submitted that the vehicle came for the 1^st time on 22.08.2013 into the workshop of OP-1 for service and the same was delivered on 24.08.2013 to the complainant and on 26.08.2013, the vehicle was brought into the workshop of OP-1 and the same was thoroughly checked for the defects and returned the vehicle to the complainant on 07.09.2013 without having any manufacturing defects. Thereafter the

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          complainant approached the Delhi Govt. Mediation & Conciliation Centre on 16.09.2013 and the dispute was settled between the parties through Mediation vide order/settlement dated 30.09.2013 and as per the settlement the complainant neither produced any expert report nor given any list for expenses incurred in removing the defects from the 3^rd party and the complainant rather knocked the door of the Mediation Centre 2^nd time with the same story on 14.10.2013 and the matter was settled again vide order dated 28.10.2013. OP further submitted that again on 18.11.2013 the complainant approached the Mediation Centre and this time the complainant insisted only for refund of the cost of the vehicle instead of removing the defects of the vehicle if any and in the mean-time on 27.11.2013 the vehicle was brought to Swadeshi Auto Pvt. Ltd. for checking and work done as per satisfaction of the complainant and the complainant has signed the satisfaction voucher.

4.       The complainant filed reply to the reply of OPs and denied the contentions of OPs.

5.       In order to prove his case the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of receipt vide bill no. PTNA6905 dated 21.05.2013 issued by OP-1, copy of retail invoice no. WS-666 dated

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          21.06.2013 issued by OP-1 after 1^st service of the vehicle, copy of tax invoice/cash bill issued by OP-1of 1^st free service, copies of letters dated 16.09.2013, 14.10.2013 & 18.11.2013 sent by the complainant to the Mediation Centre, copies of orders dated 30.09.2013, 28.10.2013 & 18.11.2013 passed by Delhi Govt. Mediation & Conciliation Centre, Delhi, copy of bill no. 19145 dated 27.11.2013 issued by Swadeshi Auto Pvt. Ltd. of Rs.0.0/- copy of gate pass.

 6.      On the other hand on behalf of OPs Sh. Pranav Kumar, Authorized Representative of OPs filed his affidavit in evidence which is as per lines of defence taken by OPs in the reply and also filed authority letter in his favour. OPs also filed copy of an extract of vehicle manual, copy of job card vide no. 863 dated 22.08.2013 issued by OP-1, copy of vehicle history report, copies of orders passed by Delhi Govt. Mediation & Conciliation Centre, copy of bill no. 19145 dated 27.11.2013 and copy of gate pass. OPs have also filed written arguments.

7.       We have heard submissions of counsel for the parties advanced at the bar and perused the record as well as written arguments of both the parties.

8.       This Forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by

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          the complainant. During arguments the complainant filed copy of FIR dated 08.06.2016 and copy of certificate dated 12.04.2017 issued by United India Insurance Co. Ltd. and submitted that the vehicle has been lost and a FIR no. 016939 dated 08.06.2016 was lodged at P.S. e-Police Station and the insurance company namely United India Insurance Co. Ltd. has settled the claim and an amount of Rs.23,836/- was remitted/transferred through NEFT on 17.08.2016 in favour of the complainant in full & final settlement of the claim.

9.       On perusal of the record, we find that the complainant made complaint of his motor-cycle to the service enter of OPs within warranty period and OPs had tried to rectify the defect which has been occurring in the motor-cycle again and again. But the complainant has neither specifically pleaded nor specifically stated in his affidavit of evidence nor in the written arguments about the defects/faults which is occurring in the vehicle. Moreover, as per settlement dated 30.09.2013 & 28.10.2013 arrived between the complainant and the AR of OP before Delhi Govt. Mediation & Conciliation Centre, the complainant was required to get his vehicle checked from a 3^rd party (authorized service stations) and get replaced any defective spare parts/faults of the vehicle if required at the expenses of OP. After the said settlement the complainant failed

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          to get his motor-cycle checked from a 3^rd party or from Automobile Association of India and the complainant has failed to prove any such document. Thus, the complainant has failed to prove his case by any cogent evidence. The complainant being devoid of merits is dismissed.

10.     Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.

Announced on this 4^thday of January, 2018.

 

 

 

BARIQ AHMED                         USHA KHANNA                    M.K. GUPTA

  (MEMBER)                               (MEMBER)                       (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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