O R D E R
 

Sri. P. Raveendran, Member:

Brief of the complaint:-

The 2^nd Opposite Party is the manufacturer and 1^st Opposite Party is the distributor of Bajaj XCD-125 DTS-Si Motor Cycle. During May 2008 the 2^nd Opposite Party made advertisements through all television channels about the launching of their new model M.C. Bajaj XCD-125 DTS-Si. In the advertisement the 2^nd Opposite Party offered that the above said Motor Cycle is manufactured with latest technology and offered a mileage of 109 km per litre of petrol. The 2^nd Opposite Party claimed that the said Bajaj XCD- 125 DTS Si. Motor Cycle is a maintenance free one and offered warranty for two years / 30000 km. On seeing the advertisements and believing the same the Complainant approached the 1^st Opposite party and paid Rs.900/- on 31.5.2008 and paid the balance of Rs.48,700/- on 3.06.2008 to the first Opposite Party at their office at Kalpetta. The Complainant took delivery of the vehicle on the same day from 1^st Opposite Party. Though the mileage offered is 109 km per litre the Complainant is getting 60 km per litre petrol. There is regular complaint on the chain and socket and the brake of the back wheel of the Motor Cycle. When complaining the same the 1^st Opposite Party rectified the complaints for the time being. Due to this the Complainant is not in a position to ply the motor cycle without fear or hazard. Now the Complainant understand that it is due to the manufacturing defects. It is the deficiency of service and unfair trade practice of the Opposite Parties. Hence it is prayed that to pass an order directing Opposite Parties to:-

1. To take back the Motor Cycle and pay the value of the Motor Cycle ie Rs.49,600/-.

2. To pay Rs.50,000/- as compensation.

2. Notices were served on the Opposite parties. Opposite Parties filed their version. In the version they admitted that the Complainant had purchased a Bajaj X CD125 DTS-Si Motor Cycle. They made advertisement that the vehicle will give a mileage of 109 km/L other allegation in the Complaint is denied. The vehicle will give the said mileage only under test running condition with one person riding the vehicle. The Complainant is using the vehicle for carrying goods and supplying the goods in several shops. The said use of the vehicle will not give optimum mileage as the vehicle has to be stopped now and then. This will affect the chain and socket. The allegation that there is manufacturing defect on the chain and socket etc are not correct. It is pertinent to note that the Complainant came for first service there was no complaint at all. There is no deficiency of service or unfair trade practice on Opposite Parties. The Complainant is not entitled to get any compensation. Hence it is prayed that to dismiss the complaint with cost of the Opposite Parties.

3. On perusing both the Complaint and version the following points are to be considered.

1. Whether there is any deficiency in service or unfair trade practice on the part of the Opposite Parties?

2. Relief and cost.

4. Point No.1:- To prove Complainant's case he has produced the chief affidavit and the documents which are marked as Ext.A1 to A6. Ext. A1 to A3 are the receipts issued by the Opposite Party for the payment of the cost of the vehicle. Ext.A4 is the copy of the R.C of the vehicle in the name of the Complainant. Ext.A5 is the owners manual of the vehicle issued by the Opposite Party at the time of purchasing the vehicle. Ext.A6 is the copy of the specifications of Bajaj X CD 125. To prove Opposite Parties case in addition to the version the Opposite Parties filed chief affidavit. Expert Commissioner Jeevan Johns inspected the vehicle and filed his report. In his report he noted that the mileage of the vehicle is 70 km per litre. He noted the possible causes of poor fuel efficiency may be (1) faulty setting of carburettor tuning , (2) defect of piston, piston rings or cylinder, (3) Incorrect value timing (4) Faulty air cleaner etc. Excessive vibration and abnormal noises occur at the time of taking off the vehicle from rest and at cruising speeds. The brakes of the vehicle were found ineffective. This may be due to (1) worn-out brake linings (2) worn-out brake drums (3) improper adjustment of brake shoes. The slackness of the chain was found excessive and produces abnormal noises while riding. The chain and sprockets may have worn- out due to (1) incorrect alignment of the chain, (2) lack of lubrication in the chain and sprockets, (3) lack of cleaning. The rear shock absorbers of the vehicle are also inefficient. This may lead to back ache for the rider/ pillion and also can be a cause for the frequent repair for the chain and sprockets. Ext.A5 show that the service of the vehicle is promptly done from the 1^st Opposite Party's service centre at the kilometers 542, 2250, 4400, 6033 respectively. That means any defect in the vehicle can be cured by 1^st Opposite Party at the time of servicing the vehicle. Ext.C1 clearly show that the vehicle is having defects. It cannot be used in the present condition. Hence point No.1 is decided in favour of the Complainant.

5. Point No.2:- Complainant is entitled to get the price of the Motor Cycle ie Rs.49,600/- from the Opposite Party. He is also entitled to get Rs.2,000/- as cost.

In the result, the complaint is partly allowed and Opposite Parties are directed to refund Rs.49,600/- (Rupees Forty Nine thousand Six hundred only) being the price of the Motor Cycle and cost of Rs. 2,000/- (Rupees Two thousand only) to the Complainant. The Complainant is entitled for the amount refunded by the Opposite Party on surrendering the vehicle bearing No. KL 12 D 3063 before the 1^st Opposite Party. 1^st Opposite Party is directed to issue the receipt on accepting the vehicle.

Pronounced in open Forum on this the day of 29^th March 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

APPENDIX

Witnesses for the Complainant:

PW1. Hamza Complainant.

CW1. Jeevan Johns Instructor, Government ITI, Kalpetta.

Witnesses for the Opposite Party:

OPW1. Narayana Das. Manager, K.V.R, Motors.

Exhibits for the Complainant:

A1. Receipt. dt:31.05.2008.

A2. Receipt. dt:03.06.2008.

A3. Receipt. dt:03.06.2008.

A4. Copy of Certificate of Registration.

A5. Owner's Manual.

A6. Copy of the specifications of Bajaj X CD 125.

C1. Inspection Report. dt:04.11.2009.

Exhibits for the Opposite Party:

Nil.