National Consumer Disputes Redressal
Bajaj Auto Ltd. And Anr. vs Pankaj Kumar on 4 July, 2005
Equivalent citations: IV(2006)CPJ267(NC)
ORDER
P.D. Shenoy, Member
1. Mr. Pankaj Kumar, resident of 2/162, Dakshinpuri Extension, New Delhi bought a Kawasaki Bajaj Boxer CT Motorcycle from M/s. Gautam Automobiles, Malviya Nagar, New Delhi on 26.10.2001, encouraged by the advertisement published in leading newspapers that this vehicle gives an average of 87 kilometre per litre (KMPL). As this vehicle failed to fulfil the promise made in the newspapers, he filed a complaint before the District Forum, Kutab Institutional Area, Kutab Hotel Delhi.
2. The District Forum after hearing the parties came to the following conclusion.
3. O.Ps. have indulged in unfair trade practice by making a false claim regarding the mileage per litre in respect of the vehicle in question. We direct the O.P. 1 to stop this unfair trade practice forthwith. We further direct the manufacturer i.e., O.P. 1 to pay to the complainant a sum of Rs. 10,000 by way of compensation because he was misled by the unfair trade practice indulged into by it. O.P. 1 shall pay Rs. 1,000 as cost of litigation.
4. Aggrieved by the order, Bajaj Auto Limited filed an appeal before Delhi State Consumer Disputes Redressal Commission. The State Commission dismissed the appeal being frivolous, misconceived and vexatious, with cost of Rs. 5,000 for the mental agony and harassment as the respondent has suffered at the hands of petitioners which has not been adequately assessed by the District Forum.
5. Dissatisfied and aggrieved by the Order of State Commission, petitioners have filed this Revision Petition. This came up for admission on 6th April, 2005. The learned Counsel for petitioner argued that the claim to reported mileage is always one in 'Ideal conditions'. The foremost condition is that of a 'Single Rider'. There are, however, other conditions as well viz. ideal speeds, recommended tyre pressure, lubricants, a constant running, the number of starts and stops to the vehicle, the road condition, the driving habits of the driver, etc. and 30% variation, is possible. Accordingly, learned Counsel pleaded that lower Fora should have referred the vehicle for an inspection by an independent agency like the Automobile Association of Upper India to ascertain the substance or the bona fides, etc.
6. The short point to be decided in this case is about the km/pl given by Kawasaki Bajaj Boxer CT Motorcycle. We have perused the advertisements which are produced before us including the advertisement which is in Hindi translated in English. The advertisement proclaims that if its your dream to Secure 87 km/pl on an average then buy Boxer CT Motorcycle. There are other advertisements where it is written "87 km/pl 0% interest, last two days, scheme closes, hurry up, etc."
7. The District Forum discussed this case in great detail. It is stated that vehicle in question gave mileage of 75 kmpl when it was driven by staff of the dealer while it gave an average of 65 kmpl when the same was driven by the respondent. Even assuming that the vehicle gave 75 km/pl, 87 KMPL is still an exaggerated claim made by the petitioners through various advertisements alluring and inviting the gullible consumer to buy the vehicle emanating to an unfair trade practice. Only in one of the advertisements it is mentioned that the vehicle has to be driven in ideal condition, but this is in small print. It is nowhere clarified as to what is 'ideal condition'. This Commission's Order dated 14.12.2001 in O.P. No. 66 of 1992 -. Tata Chemicals Ltd. v. Skypak Couriers Pvt. Ltd. II (2002) CPJ 24 (NC), has discussed in great detail the validity or otherwise of small and fine prints.
8. Hence, we do not find any factual or legal infirmity in the order passed by lower Fora. Accordingly, Revision petition is dismissed.