BAJAJ AUTO LIMITED Vs. A G KHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 13.1.2011 passed in case No. 143/2010 by the District Forum, Ujjain whereby the District Forum, Ujjain has directed replacement of the Bajaj Pulsar (motor cycle) and payment of Rs. 5,000 for mental agony. A sum of Rs. 1,000 has also been allowed as costs.

(2.) THE respondent purchased a two - wheeler Bajaj Pulsar of 180 CC in March 2009 from Rukmani Bajaj Motors Pvt. Ltd. As per the specification it was stated to reach the speed of 125 KMPH but in practice the complainant alleged, it was not touching the speed of 125 KMPH. It was for this reason that complaint was made by the customer to the dealer.

(3.) THE dealer checked the machine for its RPM and found that it was reaching 10,000 RPM which would give the speed of 116 KMPH. The copy of the test report has also been filed. Even though the test report was filed and the dealer was able to demonstrate that the vehicle would reach nearly the maximum speed claimed, the District Forum directed replacement of the bike and payment of Rs. 5,000 for mental agony.