[GTO]

Govind shares his ordeal with us via this page!

2020 case, but still worth highlighting:

- Tusker Motorrad is the party & the judge in this case. They arbitrarily decide what cancellation fee to deduct. No discussion, nothing.

- 50% cancellation charge for a pre-owned demo bike of theirs? I find this infuriating.

- 50% cancellation charge for a change of heart in 12 hours? Not like they had to specially call in for a bike and be stuck with it.

- Why the hell was this not specified to the customer at the time of taking the deposit?

Had a horrible experience at BMW Motorrad Bangalore (Tusker Motorrad). Booked a bike and had to cancel it in under 24 hours. But they took away 50,000 rupees as cancellation charges. I begged them to return my hard-earned money, but they said you can do whatever you want - we will not return that money. This is modern age gunda'ism. I'm helpless and don't know what to do.

I've attached screenshots from GPay and WhatsApp conversations. This is such a traumatic experience.

They refunded 50k out of the 1 lakh I paid. Just within 12 hours, they charged 50,000 for cancellation. That too for a second hand bike. I've not even brought in a new bike from the warehouse or something. There was a used bike in their showroom which was a demo bike. For that, they have made me suffer like this.

[chautob0t]

Extremely unprofessional and unbelievable. If they had shared terms and conditions of cancellation stating this kind of amount, then the onus is on the buyer whether booking is cancelled after 12 minutes or 12 days of booking.

If they haven't stated this kind of cancellation policy in writing, the customer should simply go to consumer court with all the documentation.

[no_fear]

The dealer is in the wrong. If this was a booking for a bike that is shipped out from the factory and in transit, and the buyer decides to cancel the booking, then the dealer can deduct the booking fee.

But in this case, this is a demo model sitting on the floor. The dealer has not incurred any booking loss per se. Ask the dealer directly on their sales terms and conditions and highlight where does it say that they can deduct booking fee.

He cannot withhold any sum without clearly showing the sale terms for pre-owned bikes.

[abhishek46]

The buyer has shown enough restraint.
He should simply file a legal case, and move on.

[Axe77]

I think on sheer moral grounds he should take them to consumer court. To teach them a lesson.

This is just really poor practice and the dealer is clearly resorting to unprofessional goonda behavior with this, trying to make a quick buck. He may win 50,000 Rs today but this is not the way to establish a credible business franchise. Can't even blame or involve BMW India as this is a dealer demo bike. He has a lot more say / control in this sale.

This is also why I feel one should be very wary before providing any sort of up front deposit. And if any advance is being provided get all commercial terms sent by email. I was promised a bunch of things when I bought the Tiger and I made them record all of them on an email (since I was getting some items like pannier kit later on)

Smooth talking salesmen pressure more gullible buyers into placing a deposit lest they lose the opportunity and then something like this is purely capitalising on that move.

[am1m]

Wow this is the way 'premium' brands treat potential customers! This is nothing but hafta! Only here would they dare try such nonsense. Shame that BMW is washing their hands off this, they should at least contact the dealer and find out what is going on.

Can't say "it's the dealer, not the brand" - it's all part of the brand experience and any brand that doesn't rein in their crooked dealers deserves bad press too!

Hope this makes it to the press, only then will things move.

[shancz]

Daylight robbery is an understatement and sadly this is the second time I had to use this phrase since yesterday.
Extremely disturbing.

Originally Posted by GTO

- 50% cancellation charge for a change of heart in 12 hours? Not like they had to specially call in for a bike and be stuck with it.

- Why the hell was this not specified to the customer at the time of taking the deposit?

Forget ethics this defies common sense and only conmen would think of such an act. Can't believe we're talking about BMW Motorrad here

They are a BMW Motorrad dealer and the only reason the customer went there was because of that, the "premium BMW Experience" and apparently this is Tusker's definition of it.

Tusker has clearly shown that they are a bunch of crooks and it's up to BMW Motorrad to assist the OP in a refund and at the very least cancel the dealership's license.

The amount of bad rep they have brought can't be repaired. I had asked a couple of people to stay away from BMW Motorrad after reading about maintenance issues (Tusker was one of the dealers) but now I will ask them to keep a 100m distance from their dealerships even, let alone a TD.

Its stuff like this which lead me to not care a damn when companies shut shop and leave dealers with dead stock.

[CrAzY dRiVeR]

Originally Posted by GTO

- Why the hell was this not specified to the customer at the time of taking the deposit?

I would really like to side with the customer on this, but this is clearly mentioned on the Tusker dealership forms, including the price lists.

50,000/- is the standard deduction if you cancel a BMW Motorrad motorcycle. While I too personally feel it is very much on the higher side, it is the standard for everyone.

Customer can't claim he wasn't informed. He booked the bike knowing it (unless he never even looked at a price list) and can only hope for a goodwill reduction based on two factors - 1. It was a demo bike and 2. That it was cancelled within just 24 hours.

Attaching a latest price list, just for example -

[ninjatalli]

Originally Posted by CrAzY dRiVeR

I would really like to side with the customer on this, but this is clearly mentioned on the Tusker dealership forms, including the price lists.

50,000/- is the standard deduction if you cancel a BMW Motorrad motorcycle.

Does that deduction condition apply for a demo bike sale too?

If the OP had got a similar document for his demo bike price too, then its not a great argument on his part to look forward to. The question is back on the OP on what document / agreement was the deal (& initial booking) based on.

[no_fear]

Originally Posted by CrAzY dRiVeR

I would really like to side with the customer on this, but this is clearly mentioned on the Tusker dealership forms, including the price lists.

This is a demo bike - not a new bike. The price list and terms / conditions applies only for new bikes.

[SnS_12]

Originally Posted by CrAzY dRiVeR

I would really like to side with the customer on this, but this is clearly mentioned on the Tusker dealership forms, including the price lists.

50,000/- is the standard deduction if you cancel a BMW Motorrad motorcycle. While I too personally feel it is very much on the higher side, it is the standard for everyone.

But then they also mention a booking amount of 3 lacs, whereas they took only 1 lac for this demo GSA 1250. Also, the voucher issued by them for the 1 lac received has no mention about cancellation charges if any.

So, the 50k cancellation charges mentioned on their price list can't be considered as written in gold..

[CrAzY dRiVeR]

Originally Posted by ninjatalli

Does that deduction condition apply for a demo bike sale too?

A demo bike is not considered a 'used' bike, but a new bike with older MY and good discount offers running. It is also usually unregistered.

Unless the customer had a specific document or the chat proof with the representatives - a demo is as good as new bike with respect to the rules of the transaction. That is my understanding.

For example - here is how BMW disposes their demo bikes. Couldn't get an example for Bangalore in my quick search now, so attaching an older Mumbai one -

Originally Posted by SnS_12

Also, the voucher issued by them for the 1 lac received has no mention about cancellation charges if any.

So, the 50k cancellation charges mentioned on their price list can't be considered as written in gold..

Agree to your points, but the information shared is only the amount receipt, not the usual booking form.

May be one of the BMW owners can clarify further on this, but I believe there is usually a separate detailed booking form provided as well - not just a one page cash receipt.

[AtheK]

Originally Posted by shancz

They are a BMW Motorrad dealer and the only reason the customer went there was because of that, the "premium BMW Experience" and apparently this is Tusker's definition of it.

/OT

BMW showroom is anything but premium.

TVS and Hero showrooms are better then the Tusker showroom, it's like a matchbox with hardly any space to display bikes, on top of it no parking place. The showroom is anything but Premium. Ducati atleast has parking space, though getting inside that showroom you will think you entered a warehouse rather then a showroom.

I have seen videos of showroom of other showrooms in other cities, they are so nice, the Honda Big Wing showroom is one of the few showroom that feel premium in Bangalore.

/OT ends.

Coming to topic, sujai brings a new angle to the entire story. Since this is a demo bike and not a customer bike maybe same conditions apply. That said 50K cancellation is off the roof either way. Hopefully he gets his money back.

Originally Posted by no_fear

This is a demo bike - not a new bike. The price list and terms / conditions applies only for new bikes.

I would so like to side with you on this one, but customer would have still been the first owner, so I am kind of divided, Mind says to go with Sujai, Heart says to go with you.

Originally Posted by CrAzY dRiVeR

A demo bike is not considered a 'used' bike, but a new bike with older MY and good discount offers running.

Unless the customer had a specific document or the chat proof with the representatives - a demo is as good as new bike with respect to the rules of the transaction. That is my understanding.
[/ATTACH]

Ya a proof needs to be shown by the customer now. Sorry state of affair.

[SnS_12]

Originally Posted by CrAzY dRiVeR

A demo bike is not considered a 'used' bike, but a new bike with older MY and good discount offers running. It is also usually unregistered.

Since, this is a BS 4 model sold in Nov 2020 it definitely falls under used bike category as it is definitely registered with the RTO. I am not sure if this particular bike has been on the showroom floor all the time but a person who buys a registered bike even with 0 kms, will always be the second owner on paper.

[no_fear]

Originally Posted by SnS_12

Since, this is a BS 4 model sold in Nov 2020 it definitely falls under used bike category as it is definitely registered with the RTO. I am not sure if this particular bike has been on the showroom floor all the time but a person who buys a registered bike even with 0 kms, will always be the second owner on paper.

Spot on Sachin. BS4 models will have to be registered under dealer name to get registered by 2020 and now will be classified as used. Dealer will transfer the RC and title upon sale, but it will be shown as second owner for the buyer.