CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 519/2010
SH. RAEES AHMED
S/O SH. MUMTAZ ALI
R/O T-24, WARD NO.8, MEHRAULI,
NEW DELHI-110030
………. COMPLAINANT
Vs.
- M/S AMBE BAJAJ
C-99, AMBEDKAR NAGAR DEPOT T POINT
M.B ROAD, KHANPUR, NEW DELHI-110062
- M/S BAJAJ AUTO LIMITED
AKURDI, PUNE, MAHARASHTRA-411033
………….RESPONDENTS
Date of Order: 01/11/2018
O R D E R
Ritu Garodia-Member
The complainant purchased a bike, Bajaj XCD 125 on 17/8/2008. It is alleged that he was shown brochure claiming a mileage of 109 km per litre. He complained about mileage at the time of free services and paid services. It is alleged that the current mileage was checked by personal of OP1 on 3/6/2010. The bike ran only 49 km in 1.5 litres and as such actual mileage is 32.66 km per litre.
He submits that the brochure promised 109 per litre. OP1 promised 75 km per litre while the actual mileage is 32.66 km per litre. The complainant prays for refund of excessive petrol he had to purchase while running the bike for 33,800 km. He also prays for compensation.
Complainant has filed brochure, performa invoice, receipt dated 17/08/2008, letter dated 12/3/2009, 7/52010 and 21/5/2010. The service reports dated 16/9/2010, 15/7/2010, 3/6/2010, 13/2/2010, 25/11/2009, 27/9/2009, 17/7/2009 and 19/7/2009.
OP in its reply has stated that complaint is barred by limitation as he has enjoyed two year free services within warranty and complaint is being made after expiry of warranty period. It has been explained that the vehicle is tested by an independent testing institute known as Auto Motor Research Vehicle Association of India which is a Central Government Institute. This institute check vehicle performance under externally control laboratory test condition. One of the various parameter is constant speed of 30 km per hour or 40 km per hour or 50 km per hour. Based on this report, the advertisement comes out with the figures of mileage with the clarifying clause ‘under standard test condition’. It is further stated that ARAI is recognised as appropriate laboratory under Consumer Protection Act 1986.
It is further submitted that the fuel average depends on various external factors that is number of starts and stops to the vehicle, the load carried on the vehicle, the road condition, the wheel pressure, the purity of fuel, the maintenance of the vehicle, the driving habits of the rider etc. Hence the vehicle shows different average to different people under different riding conditions. OP has denied that the complainant’s bike gave a mileage of 32.66 km per litre when it was checked. It is also denied that 75 km/litre was promised by OP1 dealer.
It is admitted by all the parties that the vehicle was purchased on 17/8/2008. We have considered the pleadings filed by both the parties. The complainant has filed service report dated 17/7/2009. The vehicle had run 14,700 km. He had complained of low average for the first time. The service report dated 5/11/2009 shows that the vehicle has run 28,651 km. The service report dated 16/9/2010 show that vehicle has run 33,865 km. Though the complainant has stated that the vehicle is giving low average in all the job sheets, he has not filed any expert report or any other documents which give the necessary details of the average kilometre of the complainant’s vehicle.
The complainant has alleged to have sent letters dated 12/3/2009, 7/5/2018, 21/05/2010 but no proof of service is placed on record. OP has denied receiving any of these letters.
The fact of the matter is the vehicle of the complainant has run 33,865 km when this complaint was filed. The average kilometre run by any vehicle depends upon multitude of the factors.
Website www.machanicalbooster.com, gives difference between the mileage and average.
Mileage
- Mileage is the distance covered per unit fuel by the vehicle under some specified conditions.
Some of these conditions are:
- The road surface should be smooth and straight.
- The vehicle should run at a constant speed.
- Mostly mileage is measured in mpg (miles per gallon) or in kmpl (kilometer per litre) we can change mpg into kmpl by multiplying mpg by 0.42.
Average
- Average is distance covered per unit fuel by the vehicle under no specified conditions. It is also measured in mpg (miles per gallon) or in kmpl ( kilometer per litre).
- When a customer purchase a vehicle and runs it for few days than the distance covered per unit fuel under the road condition of his/her city is called average for that vehicle.
- To measure average, full the fuel tank and reset the odometer (distance measurement meter) of your vehicle to zero. When tank is empty, read the odometer reading and divide it by your vehicle fuel tank capacity. The result is average of your vehicle.
- Average is always smaller than mileage.
The complainant is having grievance regarding average given by the vehicle. No expert or technical report regarding average given by the bike has been placed on record. As the complainant has not placed any proof as to how he reached the average of 32.66 km per hour or details of the average promised by OP, we find no merits in the complaint. Hence the complaint is dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C SURI) (A.S YADAV)
MEMBER MEMBER PRESIDENT
