DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 08 OF 2016

Tusharkanta Bose, ( 30 Yrs.),

S/O: Late Kamal Bose,

R/O: Bhitriapada, Sundargarh,

PS/Town/Dist: Sundargarh, Odisha……………….…………………Complainant.  

Versus

1. The Manager Utkal Auto Services,

N.H: 200, Opposite- Biju Nagar, Beheramal, Jharsuguda,

PS/Dist: Jharsuguda-768 202.

2. General Manager, Service Deptt,

Bajaj Auto Limited, Near Ganapati Mandir,

Mumbai, Pune Highway main Road,

Akurdi, Pune- 411 035 ( India). ………………..................….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                   Shri R.N.Panda, Adv. & Associates.

For the Opp. Parties                                Shri D.K. Sharma, Adv. & Associates.

Date of Order: 03.10.2016

Present

                                                1. Shri S.L.Behera, President.

                                                2. Shri S.K. Ojha, Member.

Shri S.K.Ojha, Member : - The complainant case in brief is that he has purchased one Bajaj Pulsar RS200ABS two wheeler motor cycle on 23.11.2015 from the O.P.No.1 by paying Rs.57,870/- only as a down payment which was financed by Bajaj Auto Finance bearing Regn. No. OD-16B-5255.   After 10 days of using the vehicle it started showing trouble in ABS brake system and there was the release of foul sound.  The complainant went to the O.P.No.1 to short out the problem but the problem was not solved thoroughly.  The complainant went several times but the problem was not solved properly which alleging to be deficiency in service on the part of O.ps.  The O.Ps. Making deaf ear on the said matter, hence this case. 

On receiving notices the O.Ps. appeared and filed written version wherein it has been stated that on 13.12.2015 the reading of vehicle was 750Kms.on its first service and he is yet to avail all the warranty services as mentioned in the owners manual. There are three periodic pre services along with 5 paid services which should have to be adhere by the customer to avail warranty services facilities and there is no necessary to filed this complaint case at this stage. And on the above submission and denying all the allegations the O.ps. is prayed for dismissal of case.

Heard the matter from both the parties and gone through the materials available on record. The complainant purchased one Bajaj Pulsar RS200ABS two wheeler motor cycle on 23.11.2015 from the O.P.No.1 by paying Rs.57,870/- only as a down payment out of full and final amount of Rs.1,37,448/- only which was financed by Bajaj Auto Finance bearing Regn. No. OD-16B-5255. After using the vehicle it started showing trouble in  ABS brake system and there was the release of foul sound.  Till the date of first free servicing   of vehicle i.e. on dtd. 13.12.2015 the reading of vehicle was 750Kms. and there are two more free services and 05 paid services are yet to be availed by the complainant.

However, the vehicle is under warranty period the vehicle should be repaired by the O.Ps. and on the above limelight we are in considered opinion to allow partly of the complaint case with following directions;

ORDER

The O.P.No.1 is hereby directed to repair the vehicle of the complainant bearing Regn. No. OD-16B-5255 by removing the defects from the vehicle, without taking any repair charges including cost of spare parts within 15 (fifteen) days from the date of receipt of this order.

Accordingly the case is disposed of.

Order pronounced in the open court today the 3^rd  day of October’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                        I Agree.                                                                                                                        

                              S.L.Behera, President       S.K.Ojha, Member                 

     Dictated and corrected by me

      S.K.Ojha, Member