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-   -   Filing case against Khivraj Motors (Bajaj Showroom). EDIT : Matter resolved! (https://www.team-bhp.com/forum/motorbikes/63171-filing-case-against-khivraj-motors-bajaj-showroom-edit-matter-resolved.html)

Hi Friends,

My Colleague Samrat was very impressed with new P220 Dtsi and was very eager to book the bike. On 3rd July he went to khivraj
probiking showroom (Cubbon park, Bangalore)to book the bike and he was informed that bike will be delivered within 15-20 Days Max so He immediately paid 1000Rs as booking advance and last week he went to the showroom to clear Finance process through Bajaj finance and paid 38000
as the Down payment. Today when he called the showroom they said it would take 50 days more to deliver the bike, still my friend would
continue to pay his EMI when he has still not got the bike.

My friend spoke to the showroom guy today and told him if it is taking 50 days he wants to cancel the booking and the the showroom
guy told him that they do not have any problem if the booking is cancelled and they were completely irresponsible
My friend is now also worried about the service in future and he decided to file a formal complaint against Kivraj.

Friends we need your suggestions how to go ahead with this deal
This was the mail sent by him to kivraj and Consumer Court -

From: Chakraborty, Samrat
Sent: 07 August 2009 18:23
To: 'khivrajho@khivraj.com'
Cc: 'mail@consumergrievance.com'; 'aravind_k007@yahoo.co.in'; 'customerservice@bajajauto.co.in'
Subject: RE: NOTICE BEFORE FILING CONSUMER COMPLAINT

TO WHOM IT MAY CONCERN:

Dear Sir,

I have paid for a pulsar 220 Dtsi from the khivraj probiking showroom(Cubbon park) on 3rd of July 2009 and i was informed that it would take 15-20 days max to get the delivery by one of your salesman Mr Shanmugam . It has been over a month now i haven’t heard from you, in the mean time i made several calls and made atleast 5 visits to your place but still haven’t got a time frame for the delivery. I took the bike on loan from Bajaj financials i believe they have started pulling up my interest whereas i haven’t got the bike in hand yet. Mr Dinesh from Bajaj financial processed my loan(Ph. no:9740052580,E-mail : aravind_k007@yahoo.co.in)

When i called today Mr Shanmugam (Ph. No:9980682345) told me it will take another 50 days!!! Now i got the information when i have made the entire payment, he asked me cancel the delivery if i don’t want to wait any longer.
You can consider this a legal notice ,i give you another 10 days’ time to deliver the bike along with suitable compensation for the mental agony caused due to his deficiency in services ,failing which i will file a complaint with the Consumer Court as i am protected under the Consumer Protection Act of 1986 and Right to information Act.
Details About payment dates and receipts can be produced on request.

Regards,
Samrat Chakrabort

You can be almost certain that they will not respond to this mail. That is how most corporates react. Since your friend has already mentioned in the mail that they should treat this as a legal notice (not sure if anybody other than a lawyer can serve one though) they will simply pass this on to their lawyers/legal cell. And in all probabilities the first thing the lawyers will suggest is to not respond this mail as that may make things more difficult for them if it ends up in a legal tangle.

So I do not see much scope left there now for anything other than an actual filing of a case. Best of luck though as I feel this is height of irresponsibility on the part of Khivraj to get the loan processed and accept the payment without a sign of the bike. On a different note, how come the financier released the payment if your friend has not yet got the bike? Basically they have no security now against the payment. If tomorrow your friend defaults on payment they will have nothing to seize and will only have to take the legal route for recovery.

My Friend has already paid 38000 and if this turn complicated not sure If he can get the money back in time if the booking is canceled
He is now ready to get a new R15 if this deal gets canceled

Any number of emails is not going to help you. I have earlier tried this with Bajaj in case of our two Bajaj Spirit and Bajaj Caliber. The dealer experience along with A.S & S. is the worst. You will come back home with good amount of frustration and anger after visiting the A.S & S.
Your friend's worry is genuine.
The best thing here is to sit with the salesperson and ask him how to finish of all formalities to get out of the loan. If your friend files a complaint, he will not get any co-operation from the dealer to get out of this loan. Also this route will be quite expensive in case of resources.

btw, I dont think the RTI applies to pvt institutions

I'm a lawyer, so trust me on this one

The Consumer Protection Act is an all new ball game altogether

1. You don't need a lawyer to fight your case
2. The costs are at the most a few hundreds
3. Cases get disposed off in a few months
4. The proceedings are very informal, almost like a Panchayat

As far as your friend's situation goes, the email constitutes a notice.

Print it out, and register post it to the guys and send a copy to the Consumer Court. Its near High Point-Hotel Chalukya-Race Course Road entrance, Basava Bhavan near Vidhana Soudha

My personal suggestion. Don't get vindictive. All you want is your money back and quickly, settle for that instead of settling scores. Again reiterating, my personal suggestion (can be consigned to the dust bin if you wish)

Look at the other party's point of view

• The P220 is an astounding success, losing your friend as a customer is going to be a drop in the ocean for them
• Bajaj misjudged the response, they thought they would sell X number of bikes and now the demand is for XXX number of bikes. Matching the demand is like getting the Queen Mary to make a U-Turn, they have to get the supply chain going, re-arrange assembly lines, its too much of a job, so spare a thought for them

I know how bad your friend feels, I was in a similar situation, where I paid money upfront for a YAMAHA ENTICER and was made to wait for 45 days, it was always a case of 'come tomorrow':deadhorse. A mechanic who pitied me, under the condition of anonymity gave me the address of the Owner, I went to the Owners house, he was a very nice old man, 15 minute conversation, just gave him my name, next day, first thing in the morning the Dealer guys called me and I was riding the bike to Church in the evening to get it blessedclap:

The Owner's son of Khivraj was in college with me. His name is 'Paushap'. He was an awesome simple down-to-earth guy while in College. Hope this helps

Which bike is that ^^^ ?

Thats what happens when you cross a FZ16 with a Pulsar 220 :D

I think you directly talk to the owner and give it a lst try. Sometimes, those salesman create more problems then delivering solutions.
Wish you all the best.

Thanks for all the input Guys

My friend got a call from Ramprasad from kivraj and he first apologized for the whatever happened, he said there are not receiving enough stocks from Bajaj, he assured him delivering bike within 10 days and requested not to file any case.
Today again he called back and informed that bike will be delivered on 12-08-2009.

My friend picked up the new P220 Today, got it Tefflon coated for Rs700
Kivraj Manager helped him to get a Fancy number as it was the first P220 bike in Bangalore.
At last he is now happy with their response
Here are some pics -

What a relief man!! I thought this would be another story which would take ages to settle down.lol:

Congrats to you and your friend!!

This was a real quickie I would say. Glad to know your friend and Bajaj guys were able to settle this down so soon.

The bike looks great, Congratulations to your friend on his new ride.

Cheers!!!:thumbs up

Isnt the bike already launched in India last year?? Is it a different version??

oh!I opened expecting some shocker! :D anyways ,congrats for the new bike -to your friend.now that the title can be edited.