BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.156 of 2019
Date of Instt. 13.05.2019 Date of Decision: 23.02.2021
Sawan Singh aged about 56 years son of Sh.Gurdip Singh R/o EC-128, Qazi Mohalla Jalandhar.
..........Complainant
Versus
1. M/s Lovely Autos, Through its Partner/Authorised Person, Dr. Ambedkar Chowk/Nakodar Chowk Jalandhar City.
2. M/s Bajaj Autos Through its Mg.Director/Partner/Authorized Person, 380, Nana Peth Road, Ganesh Peth, Pune, Maharashtra 411002.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in Person.
Sh. Arun Gupta, Adv. Counsel for the OPs No.1 & 2.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the OP No.1 is manufacturer of Bajaj Motorcycle and OP No.1 is distributor of OP No.2. That the complainant purchased a Bajaj Motorcycle CT-100 vide bill dated 03.10.2018, Chassis No.DUYPJC264938, Engine No.MD2A18AY3JC26493, bearing registration No.PB08-EC-8514 from the OP No.1 by paying Rs.48,026/-. That after the purchase of the above said vehicle, the said motorcycle has starting problem and the complainant has to kick around 50 times to start the said motorcycle. The complainant many times requested the OPs to remove the said problem and the company engineer also change the carborator and battery but the said starting problem is still continuing. The complainant also moved a complaint through email to OPs on 24.12.2018 and despite of receiving written email from the complainant till date the OPs not rectified the defect in vehicle in question. That thereafter the complainant many times visited the OP for removal of said problem but the said problem is still in it. The complainant requested the OPs to replace the said motorcycle but the OPs lingering on the matter on one pretext or other and has not repaired or replaced the same. That due to the illegal act of the OPs, the complainant suffered mental tension and harassment and also the complainant served a legal notice dated 06.03.2019 through his counsel to the OPs, but all in vain and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to replace the motorcycle of the complainant and further OPs be directed to pay Rs.50,000/- as compensation for causing mental tension and harassment and Rs.22,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in the eyes of law, as such, the same is liable to be dismissed. It is further alleged that the complainant has not come to this Commission with clean hands and has concealed the material facts from this Commission, as such, the present complaint against the OP, is liable to be dismissed. It is further alleged that the complaint filed by the complainant is an afterthought and filed with an ulterior motive to make undue gain from the OPs. It is submitted that the vehicle has always been attended as per terms and conditions of warranty. The vehicle has been attended as per the terms and conditions of warranty. Further the complainant has furnished a satisfaction note on the last visit on 29.12.2018 indicating that he was satisfied with the performance of the vehicle and the vehicle was running in perfect OK and roadworthy condition. This clearly indicates that the complainant has used the vehicle purposefully and filed a false complaint to obtain undue gains. It is further alleged that the complainant has filed and frivolous complaint without any material on record against the OPs and further alleged that there is no cause of action to the complainant to file the present complaint. On merits, it is admitted that the complainant had purchased a Bajaj Motorcycle CT-100 from OP No.1 by paying Rs.48,026/-, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement.
4. In order to prove their respective versions, both the parties produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file very carefully.
6. Precisely, the case of the complainant is only that he purchased a Bajaj Motorcycle CT-100, vide bill dated 03.10.2018 from OP No.1 after paying a sum of Rs.48,026/-, copy of the bill is Ex.C-1 and after the purchase of the said vehicle, the same was starting problem and the complainant has to kick around 50 times to start the said vehicle. On the request of the complainant to OP for removing the said problem, the engineer changed the carborator and battery, but the said starting problem is still continuing, regarding this problem the complainant also sent an email dated 24.12.2018 Ex.C-5, but the OP failed to rectify the defect in the vehicle. Thereafter, the complainant many times visited the OPs for removal of said problem, but the said problem is still in it and even the complainant also served a legal notice dated 06.03.2019, but all in vain and as such, the present complaint filed by the complainant.
7. To prove his case, the complainant produced on the file his affidavit Ex.CA, Copy of the Bill Ex.C-1, Copy of Legal Notice dated 06.03.2019 Ex.C-2, Receipts Ex.C-3 & Ex.C-4, Copy of email dated 24.12.2018 Ex.C-5, Copy of Insurance Ex.C-6, Copy of RC Ex.C-7, Copy of Aadhar Card Ex.C-8.
8. On the other hand, the OPs submitted in his reply that the vehicle has always been attended as per terms and conditions of warranty and also the complainant has furnished a satisfaction note on the 29.12.2018 indicating that he was satisfied with the performance of the vehicle and the said vehicle was running in perfect OK and roadworthy condition, copy of the same is Ex.OP-4.
9. To rebut the evidence of the complainant, the counsel for the OPs produced on the file Job Card Ex.OP-1 dated 13.10.2018, Ex.OP-2 Job Card dated 29.12.2018, Ex.OP-3 Job Card dated 05.11.2018, Ex.OP-4 Job Card dated 29.10.2018, Ex.OP-5 Copy of Satisfaction Voucher, Ex.OP-6 Reply to the Legal Notice.
10. After considering the overall facts and circumstances, it is clear that the vehicle in question has some problems and the complainant visited many times to the OP for removing the said problems and regarding this complainant brought on the file complaint through email dated 24.12.2018 Ex.C-5, wherein he submitted that he goes to show room 15 times and also first service is done by the company, but starting trouble is not correct, company engineer also changed the carborater and battery, but starting position was most worsening, it takes nearly 50 kick to start. On the other hand, the OP also brought on the file job cards dated 13.10.2018 Ex.OP-1, Job Card dated 29.12.2018 Ex.OP-2, Job Card dated 05.11.2018 Ex.OP-3, Job Card dated 29.10.2018 Ex.OP-4. From these job cards, one thing is clear that the complainant visited to the OP/Lovely Autos for removing the said problem and OPs every time done his repair work. After the repair work the complainant satisfied and gave satisfaction voucher dated 29.12.2018 in which he satisfied with remarks that he checked the his vehicle and now he is fully satisfied with the performance of his bike. Now, he has no complaint whatsoever reason with/M/s Bajaj Auto Ltd, Pune and M/s Lovely Autos, Jalandhar and lastly submitted that he is fully satisfied and requested for withdraw his complaint. From this document it is crystal clear that the complainant is fully satisfied with the work of company and his vehicle is free of problem and rectified.
11. In view of the above detailed discussion, the present complaint is disposed off. However, the OPs are directed to rectify the defect of said motorcycle free of cost and give proper service free of cost within 45 days from the date of receipt of this order. This complaint could not be decided within stipulated time frame due to rush of work.
12. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
23rd Day of February 2021
(Kuljit Singh)
President
(Jyotsna)
Member
