DELHI AUTO MOBILES LTD Vs. PARAMJIT BATTA

JUDGEMENT

(1.) Shri Paramjit Batta, purchased a Bajaj Chetak scooter from M/s. Delhi Auto Mobiles Ltd. , Chandigarh on 26.8.1994 for a sum of Rs.19,730/. It is manufactured by M/s. Bajaj Auto Limited, respondent No.3. Since the beginning it appears that the vehicle was defective and on a complaint the District Forum, Union Territory, Chandigarh, ordered on 26.2.1997 that the two-wheeler shall be replaced by a new one having no defect. Besides this a compensation of Rs.500/ has also been awarded. Aggrieved against it the present appeal has been attempted.

(2.) The complainant is a resident of Chandigarh and he purchased a Bajaj Chetak scooter bearing Chassis No.94213, Engine No.85007 manufactured in the year 1994 and Rs.19,730/ was paid as its price on 26.8.1994. It was also got registered as CH 01 L 4719. This scooter was giving unusual sound from the very beginning. M/s. Delhi Auto Mobiles, the local dealer, responded to the grievance of the complainant and they got the gears replaced on 27.8.1994 at the time of first service itself. The unusual sound continued and the local dealer got the gears and clutch plates changed at the time of second service on 27.12.1994. He was charged on this occasion and the details are given in para 4 of the complaint. The defect of unusual sound continued and the clutch plates were again changed on 21.2.1995. There was increase in the defects in as much as the seat assembly broke away on 29.9.1994 during normal riding and endangered the life of the complainant. The seat assembly was replaced. On account of various defects from the very beginning enumerated above, the complainant prayed for replacement of the defective scooter and besides that a compensation of Rs.25,000/.

(3.) Respondents were served but no para wise reply had been filed in the District Forum Sh. L. C. Prashar, Branch Manager of M/s. Delhi Automobiles Ltd. , 51, Industrial Area, Phase I, Chandigarh has filed an affidavit dated 24.11.1995 wherein it has been averred that whenever the complainant came to the local dealer he was attended to and after satisfaction the complain ant went away. The replacement of clutch plates has been admitted but at the same time it has been averred that damage was due to mishandling of the scooter. It has further been averred that the complainant has not suffered any loss and there was no deficiency and that the com plaint should be dismissed. The learned Counsel for the appellant has drawn our attention to a satisfaction note Annexure R 2 which is dated 21.2.1995, at the same time it is not feasible to ignore a couple of lines recorded at the bottom which contain a mention that the clutch plates of the vehicle have been changed and it shall be under observation, besides this the resounding was still apparent. A few relevant paragraphs from the affidavit of the complainant are reproduced as under: "3. That I had taken the delivery vide Sale Certificate on 26.8.1994 and took the vehicle for serving to the workshop of respondents at the premises of respondents and made a complaint regarding unusual sound coming from the engine of the said scooter and the service engineer of respondent Nos.2 and 3 got the engine gears changed on 27.8.1994 at the time of first service of the said scooter and the complainant was advised to use the scooter more time and got the complaint if any rectified at the time of second service.4. That I again finding the unusual sound coming from the engine side of the said scooter and was not satisfied with this performance inspite of running the vehicle for 2305 Kilometers when the said scooter was taken to the premises of the respondents at Chandigarh on 27.12.1994. The respondent again got the engine gear changed and also changed the clutch plates and the clutch bushes at the time of second service on 27.12.1994 and charged for these spare parts vide their receipt of Nos.51293 dated 27.12.1994 for Rs.90.55 ps.5. That I have again took the scooter for third service on 21.2.1995 to the premises of the respondent at Chandigarh and also made the complaint regarding continuance of unusual sound from the engine of the said scooter.6. That in addition to the above defect the body of the said scooter was also defective and the seat assembly of the said scooter broke away on 29.9.1994 during normal riding of the scooter by the complainant which also endangered the life of the complainant and I had get the seat assembly changed/replaced on 29.9.1994. "