Heading1 Heading2 Complaint Case No. CC/470/2017 1. Mr.Lalith Kumar R R/at No.U17, Anniyappa Lane,9th Main, K P Agrahara Magadi Road Bengaluru-560023 ...........Complainant(s) Versus 1. VST Bajaj VST Bajaj Show Room No.459,Dhanalakshmi Building,Goodshed Road, Bengaluru Karnataka-560053. ............Opp.Party(s) BEFORE: HON'BLE MR. H.S.RAMAKRISHNA PRESIDENT HON'BLE MRS. L MAMATHA MEMBER For the Complainant: For the Opp. Party: Dated : 02 Jan 2018 Final Order / Judgement CC No.470.2017 Filed on:25.03.2017 Disposed on:22.01.2018 BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU? 560 027. DATED THIS THE 22nd DAY OF JANUARY 2018 CONSUMER COMPLAINT NO.470/2017 PRESENT: Sri. H.S.RAMAKRISHNA B.Sc., LL.B. PRESIDENT Smt.L.MAMATHA, B.A., (Law), LL.B. MEMBER COMPLAINANT Mr.Lalith Kumar R S/o Late N.Ravi, Aged about 27 Years, Residing at No.U-17, Anniyappa Lane, 9th Main, K.P.Agrahara Magadi Road, Bangalore-560023. V/S OPPOSITE PARTY M/s VST Bajaj Office VST Bajaj Show Room, No.459, Dhanalakshmi Building, Bangalore-560053. ORDER BY SMT.L.MAMATHA, MEMBER This Complaint was filed by the Complainant on 25.03.2017 U/s 12 of the Consumer Protection Act, 1986 praying to pass an Order directing the Opposite Party to refund bike amount of Rs.1,57,168/- (Rs,1,34,398/- + Rs.22,770/- with interest from the date of payment (6th July 2016) till realization and further direct the Opposite Party to pay Rs.2,00,000/- compensation along with cost of litigation to the Complainant. The brief facts of the complaint as under: In the complaint, the Complainant states that he has purchased a Pulsar 200 bike on 06.07.2016 bearing Registration No.KA-02/JJ-9259(Engine No.JLZCFG73886 and Chassis No.MD2A55FZXFCG57109 from Opposite Party. The first service was done on 23.07.2016, till then his Bike was working fine. The Complainant collected his bike and took it for trial ride and the entire front portion including the portion near the petrol tank of the bike was making heavy noise. The Complainant immediately reported same to the service personnel. They again checked and returned back his bike saying that it was the normal noise and day after day of riding the noise kept on increasing. Again the Complainant took his bike for complete service on 20th August, 2016 and they charged Rs.3,600/- but still the problem was not resolved, furthermore they broke his Speedometer Flap and gave. The Complainant wrote a mail on 24.08.2016 to Bajaj customer care as the service personnel was not able to help him any further. The Complainant took back the bike with broken Speedometer Flap and the bike making heavy noise. The Complainant was riding the bike, the whole while waiting for the response from customer care. Once again he visited the VST Bajaj Service Centre on 30th August, 2016, Mr.Ravish tested his bike and he came to know there is problem with the bike and he asked him to leave the bike and promised it will get ready. The Complainant left his bike at 9.10 a.m. in morning and they delivered his bike at 5.15 p.m on the same day. Finally Mr.Manthesh M.N.Dealers Service Engineer said this noise can?t reduce it may become more but it can?t reduce the same noise. They did do any noticeable change to his bike, after the service the bike was in same condition. So there is no point of visiting the VST Bajaj Service Centre again it is waster of his time. They also mentioned that there was no one had experience in servicing RS200 in VST Bajaj Service Centre. The Complainant really do not understand such a big brand and a Company with lot of sales does not have a good service centre with capable service members. VST Bajaj Service Centre Cotton pet is one of the worst service centre ever. They do not respect the customer?s grievances. If given a genuine chance for rating them on a scale of 1 to 5, the Complainant would rate them ?0? for their worst after service support, negligence with doing servicing and careless work. The Complainant wrote a mail on 01.09.2016 to customer service. The Complainant received call from Mr.Sanjeev, Rajajinagar VST Bajaj Branch. He said the Complainant to bring his bike to Rajajinagar Service Centre on 06.09.2016. He checked Complainant?s bike and asked Complainant to leave his bike mentioning that he will replace the broken Speedometer Flap which is broken by VST Bajaj Service Centre. The Complainant left his bike at the service center, they returned his bike after 5 days i.e., 10.09.2016 and said now it is ok. Mr.Sanjeev came with him for test ride, there was no noise then. Next day the Complainant on the way to his office again the noise started. Fed up of visiting service centre again and again. No one was taking responsibility and rectifying the issue. Again on 23rd December, 2016, the Complainant gave his bike for servicing which was still making heavy noise. This time the service centre personnel put double sided stickers all around the inside parts (temporary fix) of the bike to reduce the noise. The Complainant collected his bike, now the noise had reduced. Till January, 2017 there was no noise. In February again the noise started. The stickers came out and the noise again started. The Complainant gave his bike to the service centre again on 4th, March, 2017 informing the issues like break problem, ABS Problem (Anti-lock braking system), Noise and vibration problem. The Complainant had requested them to specially check his bike?s ABS (Anti-lock braking system) and squeaking noise coming from the both front and back breaks. They delivered the Complainant?s bike at 2.30 p.m (Spares bill exhibit-3). While giving delivery they had not checked the bike properly, they had removed a screw near to bikes engine and missed out fixing it. They had not fixed Complainant?s petrol tank guard too. The Complainant came to know about this issue after he reached home, immediately the Complainant called and informed to Mr.Mohan (Service Engineer) and to his dismay he said put some fevicol and stick it, the Complainant told it would not stick, he finally asked Complainant to bring the bike to show room. On 06.032017 and gave his bike to service centre. They asked Complainant to sit for some time and Complainant wait more than 20 minutes and they brought Complainant bike and said that they have rectified the same. When the Complainant checked they had putted double side striker to fix it and was looking very bad, that image also enclosed. After 10 days of service of his bike the Complainant met with an accident because of the break wire cut and the Complainant banged into a car from behind, the car?s number plate broke and Dent, the Complainant had to pay the car owner Rs.2,500/- the Complainant had to pay the careless service done by the VST Bajaj Service personnel. The Complainant was riding at a speed of 10 Kms as he was approaching the signal, luckily for his, if he was any faster, he would have had a major accident. The Complainant notices that along with the break wire the oil seal was broken. The Complainant immediately took his bike to VST Bajaj Service Centre and informed about the issue but they said that he had gone after 10 days of service, that it?s not their problem for what had happened. They further said that they can only change the damage parts which was broken, they asked to leave the bike for the replacement of parts?. Finally the Complainant sent a mail on 17th March, 2017 with all his complaints. The Complainant yet to receive an acknowledgement of the same. On 21st March, 2017 the Complainant got a call from the VST Bajaj Service Centre in the morning to collect the bike. When the Complainant went to the Showroom, they asked to pay bill. But the Complainant disagreed to pay as it was the service centre personnel?s fault. They mentioned free of cost for the replacement and after Complainant refused to pay for the same, they tried to fit the tank cover in front of the Complainant. But it did not fix due to some defect. They have asked to come another day so that he can order for a new tank cover. The Complainant checked the bike before leaving and noticed that they had further damaged broken one of the fiber part near the petrol tank. They again put double sided sticker to reduce the vibration and lots of scratches too were there on bike and the same was told to the service personnel and he accepted it in writing. The Complainant took back his bike. The Complainant again wrote a mail to the Bajaj Customer Care ID mentioning about further damages was done. On 17.03.2017 the Complainant called to customer care, they suggested to raise the complaint through mail. As per their advice the Complainant sent mail with images of bike condition. Support department of Opposite Party took his call and asked the issue and later confirmed that they received his mail and he said one of his concerned person will give a call back to him and gave him a complaint number ISR93000. The Complainant waited 10 days but no response from them. He even talked with senior person of Opposite Party. But he also did not solved the problems. The act of the Opposite Party clearly shows that they rendered deficiency of service. Due to this, Complainant had suffered mental agony and loss. The Complainant spends his hard earned money. Hence, this complaint. Even though, notice was served on the Opposite Party, Opposite Party fails to put their appearance, hence placed ex-parte. In support of the complaint, the Complainant has filed his affidavit by way of evidence. Heard the Arguments. The points that arise for consideration are:- Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ? If so, to what relief the Complainant is entitled? Our findings on the above points are:- POINT (1):- Affirmative POINT (2):- As per the final Order REASONS POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that on 06.07.2016 he purchased a Pulsar RS200 bike bearing Registration No.KA-02/JJ-9259(Engine No.JLZCFG73886 and Chassis No.MD2A55FZXFCG57109 from Opposite Party. On 23.07.2016 first service was done and Complainant took bike for trial ride and he noticed that entire front portion including the portion near the petrol tank of the bike was making heavy noise. The Complainant immediately reported same to the service personnel. They said that it was the normal noise, it will correct day after day of riding. On 20th August, 2016 the Complainant took his bike for service, but still the problem was not resolved, furthermore they broke his Speedometer. To substantiate this fact, the Complainant filed his affidavit. In his sworn testimony, he has reiterated the same and also in support of his sworn testimony, he has produced the Invoice, copies of the bills, copies of email, copy of bike photos. By looking into these documents, it clearly shows that the Complainant purchased Pulsar RS200 bike on 06.07.2016 bearing Registration No.KA-02/JJ-9259(Engine No.JLZCFG73886 and Chassis No.MD2A55FZXFCG57109 from Opposite Party. He did first service on 23.07.2016. But when the Complainant took his bike for trial ride, he noticed that the entire front portion including portion near the petrol tank of the bike was making heavy noise. The Complainant immediately reported the same to the Opposite Party?s service personnel. But they told that it was in normal noise. On 20.08.2016 the Complainant took his bike for complete service. But the Opposite Party charged Rs.3,600/-. But still the problem was not resolved, again they broken Speedometer Flap. On 24.08.2016 he mailed to Opposite Parties customer care. On 30th August, 2016, the one of the personnel of Opposite Party tested his bike and he come to know that there is problem with the bike and he asked Complainant to leave the bike and promised it will get ready. The Complainant left his bike at 9.10 a.m in morning and they delivered his bike at 5.15 p.m. On the same day the Opposite Party informed about that there was no one had experience in servicing RS200 bike in service centre. His bike defects is not rectified. On 01.09.2016 the Complainant wrote a mail to customer service. They informed Complainant to bring bike to Rajajinagar Service Center. On 06.09.2016 they checked bike and said that they will replace the broken speedmeter flap which is broken by Opposite Party. After 5 days they delivered bike to Complainant. But problem still seen. On 23.12.2016 the Complainant gave his bike for service. After service, upto one month bike is in good condition. After that problem start and complaint gave his bike again service on 04.03.2017. But they did serviced properly they missed screw near to bikes engine. They had not fixed petrol tank guard. Immediately, he informed the Opposite Party and on 06.03.2017 he gave bike for service and Opposite Party said that they have rectified the same. The testimony of the Complainant remains unchallenged. If at all, the Opposite Party has rendered good service and rectified the defect of the bike, the Opposite Party ought to have produced relevant evidence. But there is no such evidence. Therefore, it is proper to accept the contention of the Complainant that the Opposite Party neither rectified the defects of the bike nor replace the bike. Due to the deficient and negligent act of Opposite Party, the Complainant met with an accident. Because Opposite Party did not serviced properly. On 17.03.2017 sent a mail. On 21.03.2017 the Opposite Party called and they informed to bring bike. But the Opposite Party asked to pay bill. But the Complainant refused to pay as it was service centers personnel?s fault Opposite Party mentioned free of cost for the replacement of parts. They damaged the bike by broking fiber part near the petrol tank and put double sided sticker to reduce vibration. On 17.03.2017 itself Complainant called Customer Care. They suggested to raise a complaint through mail. The Complainant did same and Complaint No.ISR93000. The Complainant waited for 10 days. But no response from them. Due to deficient and negligent act of Opposite Party the Complainant suffered mental agony and financial loss. He spend his hard earned money. It is the duty of Opposite Party to rectify the defects of the bike. But Opposite Party did not bother to rectify the same. To disbelieve the version of the Complainant nothing was on record. Inspite of repeated requests, the Opposite Party never bothered to fulfill the demand of the Complainant. Thereby, this clearly shows that there is deficiency in service on the part of the Opposite Party. Hence, this point is held in the affirmative. ORDER The complaint is allowed holding that there is deficiency of service on the part of the Opposite Party. The Opposite Party is directed to refund Rs.1,57,168/- along with 18% interest from the date of payment till the date of realization and further directed to pay sum of Rs.1,00,000/- as compensation for mental agony. The Opposite Party is further directed to pay a sum of Rs.5,000/- as cost of this litigation. The Opposite Parties are directed to pay aforesaid amount within 45 days from the date of this order. Supply free copy of this order to both the parties. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 22nd day of January 2018) MEMBER PRESIDENT LIST OF WITNESSES AND DOCUMENTS Witness examined on behalf of the Complainant: Mr.Lalith Kumar R, who being the Complainant has filed his affidavit. List of documents filed by the Complainant: Copy of the bike purchase invoice, Copy of service bills Copy of bike images and mail copy. Witness examined on behalf of the Opposite Parties: Nil List of documents filed by the Opposite Party: Nil MEMBER PRESIDENT [HON'BLE MR. H.S.RAMAKRISHNA] PRESIDENT [HON'BLE MRS. L MAMATHA] MEMBER