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Old 19th February 2021, 11:10   #1
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Default KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Thanks to Javed Basheer for sending this information in. Heartfelt gratitude for sharing it with other enthusiasts via this Team-BHP page!

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I, along with 3 other customers, bought BS4 Duke 790 bikes back in March 2020 from "KTM Dwarka", a Bajaj KTM dealership in New Delhi. Till date, neither are the bikes are registered, nor has the dealer refunded our money.

As per the Supreme Court's order dated 24-Nov-2020 (attached) only those BS 4 vehicles will be registered whose registration number were generated and had been sold before 31 March 2020. For our bikes, the registration number has not been generated, although we have paid the full amount of close to 7 lakh rupees (inclusive of insurance and registration fee) and the details of the same were uploaded on the e-Vahan portal as well. This was done on 28 March 2020. Since then we have been waiting for the final order from the Supreme Court and now it is clear that these bikes will not get registered.

I even spoke to MLO of RTO Dwarka, Mr. Mukesh Buddhiraja, who confirmed to me on 15 February 2021 that these bikes will not get registered and we should ask the dealer to apply for a refund of the registration fee paid to the RTO. Further, I also got in touch with Mr. Vinkesh Gulati on Twitter who shared the following document.
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This is the order by Govt. of NCT of Delhi Transport Department dated 16 February 2021, which clearly states that only those BS4 vehicles that were sold till 26 March 2020 and whose registration numbers have been generated will be allowed to be registered.

Despite all this, the dealer "KTM Dwarka" is refusing to refund our money and telling us that they are trying to get the bikes registered. When we ask them for any paperwork or proof on this, they don't have any.

We have also contacted Sumeet Narang (President, Bajaj), who has not helped us much. He has just backed off asking us to handle this case with the dealer. Both Bajaj and the dealer have taken zero responsibility of our issue. They have been perpetually lying to us and making excuses to get more time.

As for the bikes, they are standing in the KTM Dwarka showroom as showpieces since one year and are of no use to anyone.

We have also filed an RTI with the Dwarka RTO seeking the status of the registration of these bikes. We expect a formal written response by the first week of March 2021, post which, we plan to send a legal notice to the dealer asking him to refund the money with interest since March 2020.
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Old 19th February 2021, 12:27   #2
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Interesting situation, which can turn into 3 possibilities I see...
1. Dealer goes to court like this, waits patiently including the customers who've spent 7L & & goes to RTO with court order to register the vehicle. This is possible, only if court verdicts the petitioner
2. Simply return the money to customer & bear the loss
3. Prolong as much as possible test the customers patience & play the game. Whenever it cannot be played anymore (via court or influential) return the money
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Old 19th February 2021, 13:16   #3
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Another possibility is, Bajaj can install BS6 Engine to the existing bike and register at RTO if customer is ready to pay difference amount.

This will be win win situation to all three - customers, dealers and Bajaj
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Old 19th February 2021, 14:36   #4
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

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Originally Posted by gkveda View Post
Another possibility is, Bajaj can install BS6 Engine to the existing bike and register at RTO if customer is ready to pay difference amount.
There's no BS6/Euro5 engine for the 790. That's where the story starts, isn't it?

If it can't be registered at any RTO now, then going legal is the only way out it seems. Other dealers had the bike registered in their names and survived the BS4 deadline.

If the vehicle is not road legal then the dealer has to cough up the amount + interest + damage and may sell the vehicle to some stunt/racing/performance team for off the road usage! No?

Keep fighting
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Old 22nd February 2021, 10:11   #5
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

File a Mandamus writ petition. I am sure the Court will take care of your plight.
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Old 22nd February 2021, 10:26   #6
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Quote:
We have also contacted Sumeet Narang (President, Bajaj), who has not helped us much. He has just backed off asking us to handle this case with the dealer. Both Bajaj and the dealer have taken zero responsibility of our issue. They have been perpetually lying to us and making excuses to get more time.
That's very poor treatment from Bajaj for customers willing to spend 7+ lakhs. Duke 790 was not exactly well received in the market, and such poor treatment of customers don't help their image either.

Quote:
This was done on 28 March 2020.
I doubt the bikes can be registered now - the amount has to be refunded by the dealer! Court has made their stand clear on various occasions that they won't be entertaining any exceptions to the BS6 cut-off rules, so there is no ambiguity here. Since the number was not generated - looks like the cutoff applicable in this case is 26th March 2020, which has not been met.

It would be better to approach the court for a refund from the dealer at the earliest.
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Old 22nd February 2021, 10:58   #7
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

I think you should quickly move to consumer court to force them to take a decision. Even if the bikes are not being used as test mules, the fact that they are standing in the showroom floor means they will face all kinds of abuse.

Hope you are able to find a resolution quickly.
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Old 22nd February 2021, 12:58   #8
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Shame on Bajaj for letting this drag out for so long. The motorcycles cant be registered. Im surprised that the owners havent gone all out on social media till now. Use Facebook and Twitter and keep posting on Rajiv Bajajs timeline etc.

Getting a refund of your cash paid with interest is the best solution.
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Old 22nd February 2021, 12:58   #9
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Guess the timing was not right for the transaction. Anyways, even i would suggest you to take it up as quickly as possible with the consumer forum and you can check with other legal options available at your disposal as well...

Plz go twittering everywhere so much so that Bajaj is unable to turn a blind eye from your situation after all it was the Bajaj KTM name that you went for and not the dealer...

Both Bajaj & the dealer should give options to settle the dispute even before courts decide
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Old 22nd February 2021, 13:14   #10
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Quote:
Originally Posted by Aditya View Post
Thanks to Javed Basheer for sending this information in.
The only outcome to force the issue is for them to hire a clever insta ad guy and show this ad to bajaj top management and other KTM/Kawa owners / prospective folks like https://www.team-bhp.com/forum/india...customers.html (Angry Land Rover India customer advertises on Instagram to other prospective customers!)

Bajaj needs to sort out such dealers - you cannot build a premium motorcycling brand if you pass the buck on obvious fraud

They wouldn't tolerate obvious lack of ethics in their own organization - why let such dealers run rogue with customer trust in the age of the internet. This is sad because they are otherwise a well respected company in many many ways

This soap opera would take an interesting turn if Triumph India offers them the Tiger at a super steep discount ;-)
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Old 22nd February 2021, 16:38   #11
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Blame it on the customer who bought the bike so close to the deadline, blame it on the dealership who didn't keep his words, blame the govt for not registering even after uploading the documents on the portal in march, but why blame Bajaj? It's not Bajaj's fault at all.
The initial order to register BS4 vehicles was till 31st march, so why the date was changed to an earlier one? Am I missing something here?
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Old 22nd February 2021, 16:46   #12
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Interesting question.

Fact is even for months leading up to march end, there was quite many discussion on the BS4 topic and dealers getting rid of stock.

I am sure, the OP may not have missed this, as well as the many news article with regard to court ruling. There was a petition to extend the deadline, which was turned down and was widely covered in press.

Chances are, similar to BSIII to BSIV transition, people would have looked to pick up the bikes for cheap as the dealer would have dead stock otherwise. I truly believe these bikes were sold at deep discounts with the buyers well aware of the risk of late registration.

As matters stand, no - the court won't grant exception. no - Bajaj won't change engine for compliant ones, no - the dealer would not be refunding (hope I am proven wrong).

The only case you may have if you can show that the dealer mislead you with regard to the cutoff date of 26th March.

What can only be claimed appears to be what's mentioned by Bajaj too - refund of the registration fee paid to the RTO. This would be a small consolation.

Buying a big bike and arranging funds for the same is certainly not done on a whim. There were deliberate actions taken for the same. I think I can only say, you took a punt and it didn't work out.
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Old 22nd February 2021, 19:00   #13
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Quote:
Originally Posted by Aditya View Post
although we have paid the full amount of close to 7 lakh rupees (inclusive of insurance and registration fee) and the details of the same were uploaded on the e-Vahan portal as well. This was done on 28 March 2020.
Quote:
Originally Posted by Tucker48 View Post
The initial order to register BS4 vehicles was till 31st march, so why the date was changed to an earlier one? Am I missing something here?
I feel sorry for him and even more irritated because even I was in a similar predicament for almost a month before my ordeal ended. I had to register an 'outside of Delhi BS4 car purchase' with the RTO before the stipulated deadline of 31st March. The saving grace for me was the fact it had a temporary registration from native state dated 16th March 2020. And then from 22nd Sunday to 24th March Tuesday, the country went from Junta curfew, extensions to finally lock down for 21 days.

The Delhi Government had announced on 23rd Monday itself, shutting down of private establishments and only the essential government operations/services were allowed (https://www.ndtv.com/india-news/delh...l-open-2198919)

So with the private businesses shut from Monday 23rd March, maybe the letter/judgement allowed the BS4 vehicles to be registered with portal entry till Thursday 26th March, keeping in mind a grace period of three days to do necessary data entry in the official portal.

Then a notice was circulated (through whatsapp groups) that even with entry in vahan portal uptill 26th March, the BS4 vehicles had to be registered with RTOs before 30th April 2020. I remember there wasn't any formal intimation in newspaper, just basis the whatsapp forwards I kept a track and was able to register it on 30th April afternoon.

In case of Javed Basheer,

Scenario 1 : While the businesses were not supposed to be operational post the Sunday 22nd March, the invoice date has not been shared in the article (entry into the portal is mentioned as Saturday 28th March). Assuming that it had been invoiced between 23rd-28th, this should be void ab initio/illegal activity on part of the dealership.

Scenario 2 : If for some reasons, it is to be believed dealership invoiced before Sunday 22nd March, still he had three days up till 26th to register. Failing to do so, should result in deficiency of services, as in Delhi it is dealer's responsibility to register the vehicle(s) with RTO. He should have to prove it/support it that he could not register it those three days.

Scenario 3 : (Only speculating here) Whether the dealership had the option to cancel the invoice and the entry in vahan at any point and declare the BS4 stock as unsold inventory to the company. After all some of the companies did support their dealers with unsold inventories of BS4 vehicles.

Either ways, the dealership shouldn't be allowed to go scot-free and legal could be the only way to fight this out!

Last edited by Diesel_Drives : 22nd February 2021 at 19:08. Reason: Added text
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Old 22nd February 2021, 19:33   #14
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Quote:
Originally Posted by Tucker48 View Post
The initial order to register BS4 vehicles was till 31st march, so why the date was changed to an earlier one? Am I missing something here?
Quote:
Originally Posted by GreenerPlanet View Post
I am sure, the OP may not have missed this, as well as the many news article with regard to court ruling. There was a petition to extend the deadline, which was turned down and was widely covered in press.
I guess Lockdown induced due to Covid-19 from 24th March would have caused the ambiguity in the date of deadline, as compared to the actual deadline of 31st March 2020. With all Government Offices and activities closed in the entire Nation, there would have been delay in timely execution of Registration formalities, and hence the bikes missed the deadline even after full payment in advance.

I may be wrong, but only the OP can confirm about this.
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Old 24th February 2021, 16:24   #15
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Default Re: KTM dealer takes full payment for 4 Duke 790 BS4 bikes, but isn't registering them

Javed Basheer has sent in this update.

Quote:
I, along with another customer - Sudhakar Pal, had filed an RTI with the Dwarka RTO asking the following questions:

1. What is the status of vehicle registration for application DL2 003 2 81 50407 69 filed on 28 March 2020?
2. Please provide the details of the concerned officer and his supervisor's email address and phone number with whom this case is pending.
3. What is the reason for the delay in issuing the registration certification for this vehicle?
4 By what date is the registration certification for this vehicle expected to be released?

We got the following response, which is completely incorrect. All MLOs including this chap - Mukesh Budhiraja (MLO) at the Dwarka RTO, got an official order from Dept. of Road Transport Authority of Delhi, which is mentioned above. However, this MLO is saying that the matter is pending in the Supreme Court, which is not true.
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We are trying to raise a complaint and escalate this to his senior official as serious misconduct. The MLO - Mukesh Budhiraja should give a clear response that as per the latest order, these bikes will not get registered and order the dealer to file a refund so that we get out money back.

Neither the dealer nor the RTO is ready to help us currently which really angers me.

Last edited by Aditya : 24th February 2021 at 16:27.
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