Notice for selling a defective bike by Royal Enfield (Himala
Nandakishore sharma
(Querist) 28 July 2018
This query is : Resolved
Respected Sir,
Following is the complete email content again I sent to Royal Enfield CEO on 26/07/2018 in response of this today there was a telephonic call from the head office & they told me that they will send a technical team & they will resolve the problem of the bike but I refuse them.After much arguments they told me that they want to meet me for which I agreed.
Sir, please guide me so that I can overcome from this situation fulfiling with one of the below mentioned solutions.
To
Mr. Siddhartha Lal
CEO
Royal Enfield, Chennai
India
The State Consumer Disputes Redressal Commission had noted in First Appeal No.115/2003:
Whenever a person purchases a brand new vehicle his minimum expectation is that for few months or year he will have no problem much less the major problem,if he starts taking the new vehicle to the garage every second or third day so at the cost of his time,money, patience,mental agony and harassment and also emotional suffering.
The National Consumer Disputes Redressal Commission in Revision Petition No 1030 of 2008 had noted:
Whenever a brand new vehicle is sold to a consumer, there is an implied contract that the vehicle being sold does not suffer from and will not suffer from any kind of fault or imperfection or shortcoming in the quality, quantity,potency and standard which is required to be maintained.
It is submitted that I purchased a Royal Enfield Himalayan - 410(on 24/03/2017) from M/S Trupti Autoworld (At - Patrapada ,N.H-5, Bhubaneswar - 751019).
The bike costs Rs 1,74,418/- & also taken cash of Rs 6000/- for number registration & other like extension of warranty.
This Himalayan bike with
Invoice no. - INV4517161701247
dated: 24/03/2017 having bill amount
Rs1,59,336/-.The payment was made from Bank Of India , Paradeep, Bijaychandrapur branch with
DD No.- 337541 dated 23/03/2017 for
Rs 1,74,418/-.
Royal Enfield have promised that the bike is best for riding on road & off road too. But during on road only the bike is creating so much problem how can I trust this on off road too. They assure that they will provide best service & the replacement of the defective portion of the bike with the new and upgraded one but they haven't done.They also assure of good quality & Customer satisfaction. But by using this bike I knew what is the meaning of satisfaction its only being harassing & taking mental & also physical risk.
I consider myself to be unfortunate and believe to have made a wrong decision by going for this bike from Royal Enfield.Even after investing around 2 Lakhs of my hard -earned money, all I got is utmost mental ,physical and financial harassment right from the Day 1.
1st Trouble :- 24 March 2017
Day of Bike Delivery - I was the happiest person to take delivery of Royal Enfield Himalayan - 410 but I was never aware that this would become the reason of my sadness going further.
� Petrol leakage
The ordeal started on the Day of the delivery (24th March 2017) itself when I reported petrol leakage in the bike after covering a distance of 5kms away from the Showroom.I rush back to the Showroom it was resolved. But after asking about this problem the Service Manager convienced me saying that these type of problem arises in new bike.With the trust on Trupti Autoworld I drove bike to my residence.
2nd Trouble :- 26 March 2017
After 2-3 days one new issue arised
� Speedometer stopped working
I have made a telephonic call to the Showroom they replied me to repair it during the servicing time.
1st Servicing :
I went to the Showroom to get my bike serviced as it reached 500kms (as per the guidelines provided in Royal Enfield Himalayan user mannual) & to get the issues fixed reported earlier ,i.e, speedometer issue.During the 1st servicing, they changed the oil as like the normal service after asking about the speedometer they didn't repair it & the Showroom staff told they will ask to the Service Manager about this problem (as the Service Manager was on leave on that day)& they will fix the problem next time.
3rd Trouble :-12 May 2017
After 10 days of 1st Servicing
� Oil leakage from other part of the bike
� Speedometer stopped (Previously it was there & not resolved)
As the Showroom is 170 kms far away from my home town due to my busy schedule & unavailability of time it is quite difficult for me to go to the Showroom in every 20-30 days of difference with the existing & the new problems of my Himalayan bike. So I called them regarding this & also asked about the previous Speedometer problem they told me to come on the other day.
After 1month of 1st servicing they called me for free servicing which was from the company side & after asking how many days it will take they replied me to take my bike on the same date.I handed over my bike on the next day of their call.They said me there are so many works to do & to check the bike so come after 2-3 days & take your bike. As they can't say particularly the delivery date. So I am confused as I am living far away from the Showroom so before I go there I have called them on the 4th day they told me to come on the next day . So on 5th day I again called them on the morning they replied me to come & take the bike. I went to the Showroom to collect my bike I wait their for 1hr as after reaching their they started to wash my bike & after that the bike was delivered. Considering that all issues in my bike will be resolved by the time of delivery I was waiting very much patiently & thus there will be no more travelling with rented cabs for my every requirement as I am doing business my residence is 8kms away from my business place & for every work I have to travel from place to place so for this my personal bike is very much necessary.
After waiting for 5 days they called me to take the bike.This time they changed my Speedometer & repaired the oil leakage portion(where magnetic coil is placed).
4th Trouble :-15 May 2017
Again after 2 days of free servicing the speedometer stopped working.Consulting to the Showroom they told me next time they will change it.
5th Trouble :-25 June 2017
� Current of bike automatically shuts down
� Speedometer (previous)
Bad day came as my bike suddenly stopped on the main road as I was nearly met by an accident & hit by a truck which was at my back as my bike was suddenly stop on the middle of main road. I leave in Paradip where always heavy vehicles are running & at that time there was one way path as the renovation of road was going on. After that I want to start my bike automatically the current of the bike shuts down & the bike doesn't start.After consulting the Showroom they told me to bring the bike to the Showroom.But I refused it as I was nearer to an accident due to the sudden stop of the bike again this time I don't want to take any risk & to play with my life.Then the Service Manager told me that Road Assistant will go & pick the bike but upto 100km it was free as my home town is far about 250 km so I have to pay Rs 600.I agreed for this as I want my bike back in a stable condition.The Road Assistant came & took my bike.On the next day when I called them to know about the problem they told me that "Yet we have not checked it, we will call you after solving the problem". I wait for the next two days but this time the situation was crossing my patience level.As I am facing so many problems in my daily life due to unavailability of my bike.No call came from the Showroom. So I requested one of my friend of Bhubaneswar to go to Showroom & have a look on my bike. After visiting the Showroom on the same day,i.e, the 2nd day he found my bike was kept without any shade. After knowing all these negligence & carelessness of the Showroom staffs I can't complaint them because at this moment the only way left for me is to keep silence as I want my bike back in a stable condition as soon as possible.
Again I contacted them on the 3rd day they told me the magnetic coil has been burnt & they will replace it & handover the bike within 2 days. Again after 2days when I contacted them they told me to come next day on 2nd half to take the bike.
So when I reached the Showroom according to the date & time mentioned by them I got to know the real fact. I saw my bike in a very worst condition a thick layer of mud & dust cover was there on my bike as my friend had already told me the situation of my bike 3 days before after seeing it , the same I realized after reaching the Showroom. At that moment I can't say anything to the Showroom staffs as I have no proof & they can lie me. After waiting 1hr when I check my bike the horn & the indicator were not working .When I asked the mechanic who was handling my bike about the problem which was not arised before he said me as the water entered inside the horn & indicator that's why they were not working. When I asked the mechanic how water goes inside the bike at that time he replied me as there was no place to keep your bike inside the Showroom so it was kept outside. When I asked under the shade or not he told me as we kept it outside the showroom so there were no shade.As there was severe rainfall at that time so water have gone inside it. After listening all these from the mechanic of the Showroom my previous doubt after seeing my bike's worst condition was made clear. As I have faced so many problems fromthe starting date of my purchase now again I have understood how casually they are handling the problems & how carelessy they are keeping the bikes which we middle class suffers by wasting money having faith on these type of Showroom who always try to play with the people emotions & their money which we middle class people earn from our hard work.
In this situation I don't want to tell anything to the Showroom as I am already fedoff from these type of problems which arises in every 5-10 days & also I got to know how careless the Showroom staffs were.How casually they are taking all our problems.So at this moment I only want to get my bike in a normal condition & nothing else.
Then I asked the Service Manager about the repairing of horn & indicator he told me to wait till the bike engine was repairing.After waiting for 2-3hrs again I asked the Service Manager he told me that the defective part is not available with them.After listening this I asked him then why he said me to come on this date he siad me not to worry they will replace the defective part from another bike.Then they brought a bike which was kept for the test drive for the replacement. Whenthe mechanic opens that I was not comfort with the condition of the part which was to be replaced.So I told them that this coil will also burn soon but they gave me the assurance that it will not create any problem & insisted me not to interfere in their work. Again I opposed about the condition & also the mechanic told to the Service Manager that the coil will not run as it is not in good condition & to replace it. So they move to the Showroom & brought a new same bike & replaced that defective part. As I know Royal Enfield company has strictly guided to all the Showroom that if a coil problem arises of any bike they has to replace it with a new upgraded magnetic coil(as the magnetic coil which was placed on the Himalayan bike has too much complaint so they have manufactured a new upgraded coil for the bike which has to be place) but they have replaced the same coil which has the manufacturing defect.After this I asked them about the horn, speedometer & indicator they refused to repair & told me to come again on other day. After facing all these types of problems reaching there & opposing them at the time of replacement of the defective part of my bike with another poor condition part I faced so many problems & their way of talk was not good so I don't want to argue with them anymore. I brought back my bike with those problems of horn, speedometer & indicator without any more arguments.
6th Trouble :-27 September 2017
After 2months of coil replacement again I faced
� Wire problem (Automatically current fail)
� Speedometer
� Horn
� Indicator
A wire problem occured as when I turn my bike handle to right the current automatically fail & suddenly the bike shutsdown.Due to this problem I fell down from my bike for this my right leg was severly injured near my knee & also got my clutch broken .
This is the 2nd time again there was a risk for my life when driving this bike.
When I called to the Service Manager they told me again to bring the bike.But I don't want to take this type of risks anymore as I have already mentioned that the Showroom was 170kms far away from my hometown. So it was very risky for me. After all these situations I was very hopeless as in this type of situation I can't go to the Showroom. So I consulted to the local mechanic & from it I knew that there was a wire problem near the lock & solved for which I am charged Rs 2500/-. After 20days I went for the 2nd servicing.
2nd Servicing:
During this time I again asked for the
� Speedometer
� Indicator
� Horn
� Clutch Problem ( Very hard )
This time also they replied with the same dialogue (they will repair it next time).
But for the 1st time I opposed as I have no more patience to face these types of problems from the purchasing date & told them any how I want my bike in stable condition. After much argument they replace my indicator switch with a new one but washed my clutch which has to be replaced as my clutch was very hard after asking about this they told that the clutch cable was not available to them so they don't repair it. I brought my bike back with the same speedometer , horn & one more clutch problem. Now finally last but not the last.
7th Trouble :- 15 December 2017
� Coil problem (bike stooped on middle of the road)
On 15/12/2017 I again played with my life & once again one more risk arrived to my life as the coil problem arised. This time as it was a boon to me I faced a minor accident. This time it crossed all my patience level. I don't want to play with my life any more as always. I will not be blessed with a new life. I have taken loan from Bank Of India & brought a new bike for my business rather than I think I have brought a two wheeler riding machine to kill myself keeping always my life in risk. No one will be able to bear such situation with newly purchased bike by investing 2lakhs. Again I contact to the Service Manager he again told me to bring the bike to the Showroom. I refuse it & this time I broke all my silence & argued with them saying that I am no more ready to face this mental agony that is disturbing both my personal & professional life. So I don't want this kind of defective bike anymore that has got the engine & engine resources repaored within a span of time of delivery. This time I have told them I will file a case against you.
So after one day there was a call from the Service Manager through conference on phone call with Area Manager , they told me that this issues are common in Royal Enfield bikes. After much arguments they told me that they will send a mechanic but I refused as I don't want this defective bike anymore & their fake assurance & then filed a complain to Consumer Helpline on 23/12/2017.
Complaint No:- 548658
According to the procedure & instructions given by the Consumer helpline agentI have mailed to Trupti Autoworld & to the Royal Enfield Headquarterwithwhich I received a call from the Service Manager asking ne the same when to send the mechanic. But again I refuse it. After two days the Service Manager again called me I again refuse after this he told me that the Area Manager wants to talk to you & with conferencing phone call with Area Manager he told me the same as I don't want the defective bike anymore I again refused it.
23/12/2017 :
On 23rd I again called the Consumer Helpline for furter instructions he insisted me to send a letter to the Royal Enfield Head Quarter via Postal.
In mybusy schedule without my personal bike it was very problematic for me to do all the works & on the otherside I have taken a step to fight against this type of fake assurance given by the Showroom & the Royal Enfield Company itself who are playing with the emotions of people like us by not providing the proper service in proper time.
24/12/2017 :
There was a call from the Area Manager for repairing of the engine but I refuse it again after much argument he told me that only we can repair the engine nothing more can't be done from the campany side & as per your demand till date no one have got refund how you are expecting for it , at that time I told him I don' t know what had happened earlier but I only wabt my refund if needed I will go to the Consumer Court. Then he suggested me not to do like this as there will be no refund will be given. Atlast he told me to wait 2 more days if there will any response from the Company side.
27/12/2017 :
After two days ,i.e , on 27th I called the Consumer Helpline for further guidance in this type of situation. The agent advised me to wait till the Company response.
28/12/2017 :
The Branch Manager called me he also told me the same about the repair of the engine & other than this they can't help me. Again I refused. After much argument he told me that they will extend the Service but I don't want this fake assurance anymore so I refused all this.
After concerting the Consumer Helpline agent about this he insisted me to send the written complaint to the Company's Postal Address by Speedpost & wait for Company response. But at that time as I am Out of station for business work I send a mail to the Royal Enfield Headquarter mentioning about the
Complaint No. - 548658 & if they will not take any step I will file a case agaimst them. But there was no response about my mail.
13/01/2018 :
I have sent a written complaint letter, via Speed Post, to the Company ( S.P. No: EO 906809674 IN ) on 13/01/201
25/01/2018 :
I have not got any satisfactory reply from the Company side they only tried to pressurize me to accept their decission for engine change except this no more help they can provide & they always argue with me for this not to take anymore step against them as till date nobody have got the refund or a new bike. So they always try to mentally haras me as much as possible.
After concerting the Consumer Helpline agent on 8/02/2018 & mentioning all the above situation he insisted me to move forward to the Consumer Court as the Consumer Helpline process was over then he gave me the address of the Consumer Court.
The delay in registering the complain was that the accident with which I met during the bike handling problem at that time the knee which was injured showed the problem for which I was not able to walk properly that's why the inconvinience occured in filing the case.
As per the advice of the Consumer Forum I went to the District Forum , Jagatsinghpur to file the case & there they said me that the case will be filed in the Consumer Courtfrom where the bike has been purchase though I have purchase the bike from Bhubaneswar.
I am not ready to live with such kind of bike that has got its engine/engine resources repaired with in a span of one month after delivery.
Common Answers at Trupti Autoworld by their own staffs, these issues are quite common in Royal Enfield bikes.
I have tried in too many ways by sending across multiple escalation emails and provided negative feedback against Trupti Autoworld but nothing was helpful. Now I am no more ready to face this mental agony, that is disturbing both personal and professional life.
�Defect� as defined by Section 2(1)(f) of Consumer Protection Act 1986:
�Any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or (under any contract, express or implied or) as is claimed by the trader in any manner whatsoever in relation to any good.�
The State Consumer Disputes Redressal Commission had noted in First Appeal No.115/2003:
If a brand new vehicle or goods also starts giving trouble and the defect starts erupting from the inception and then time and again person is forced to take it to the workshop after every fortnight or month and still the defect continues, the vehicle or the goods has to be declared as defective goods.
Hence, it has been concluded that Royal Enfield sold me a defective vehicle through M/S Tirupati Autoworld and I am continuously going through a lot of mental, emotional, physical and financial agony for past 1 year.
There arise many serious issues from the above mentioned facts, summarized below:
1)How can there be a petrol lekage problem on the very first day? Was the vehicle not checked before delivery?
2) Within 10 days of delivery, I faced numerous problems mentioned in the Trouble 2 & 3.
3) The current of the bike automatically shuts down.
4) Horn , indicator & speedometer again stopped working.
5) Wire problem.
6) Clutch problem.
7) The coil problem arissed due to which again the bike stopped on the middle of the road & I have faced a sever accident.
Finally, I would request your help or support to overcome this situation which is possible through one of the below mentioned solutions:-
Solution 1:-
1. Replace my bike with Brand New Royal Enfield Himalayan 420 with ASSURANCE THAT I WILL NOT BE FACING ANY ISSUES AGAIN WITH NEWLY PROVIDED BIKE, as I am not ready to face the same mental agony again and I would be in need of following same process.
2. I will be providing you all the invoices or bills for multiple visits TO and FROM Trupti Autoworld and my residence - which should be paid to me by Trupti Autoworld.
3. Amount I have spent till date in repairing the bike.
4. Compensate the mental agony I am facing till date starting from 12 March , 2017.
Solution 2:-
1. Refund all my money that I have paid for purchasing the bike Royal Enfield Himalayan 410 , Registration Charges, Road Tax,Insurance, Bank Of India Bank Loan Processing fees with 18% interest, and overall interest for the amount I have paid till date that includes point 2 and point 3.
2. I will be providing you all the invoices or bills for multiple visits TO and FROM to Trupti Autoworld - which should be paid to me.
3. Amount I have spent till date in repairing the bike.
4. Pay compensation for the financial loss suffered due to your negligence as per following details :
Direct Financial Loss :
1) Fuel Spent on Visits to Showroom = Rs. 5,000/-
2)Taxi Charges from 15th December 2017 to till date
= Rs. 30, 000/-
3) Due to the major problem it was unable to ride the bike on the road So , I have consult the local mechanic for which I was charged = Rs. 2 500/-
4) Medical charges = Rs. 8,000/-
TOTAL DIRECT FINANCIAL LOSS: = Rs. 45,500/-
Also, I demand a compensation for the mental agony faced for past 1 year . Not only me but my professional life also suffered. Hence, I demand an appropriate compensation.
The above needs to be acted upon within 20 days of the receipt of this notice failing which I shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences.
It would be worth nothing that in Revision Petition No.958 OF 2007 the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION had ruled:
The defect may not be a major one but the consumer loses satisfaction of having a new . That loss of satisfaction would be much more in a case when the person buys the vehicle with his hard-earned money. Unfortunately, we have not developed the tendency of accepting the defects or defaults.Undisputedly, all the multi-national companies have adopted aggressive marketing for the sale of vehicles. Unfortunately, we have developed a practice / tendency of not admitting the defects in the vehicle and not replacing the same without contest. In other countries, even if there is aggressive marketing, defective vehicles are easily replaced. Instead of disputing the undisputed facts, the Companies should resolve the matter by replacing the vehicles.
ATTACHMENTS:-
I have attached the :
1) copy of Money Receipt / Job Card , 2) copy of Delivery note , 3) copy of Registration Certificate , 4) copy of Emergency Roadside Assistance , 5) copy of Insurance & 6) copy of Retail Invoice respectively.
Guest
(Expert) 28 July 2018
Already replied in your other thread.
Plus.. repairs cannnot be done thorugh DCDRF. They wont order like that, either they will order to take back motorcycle and give you refund. or they will dismiss your complaint.
Why will they dismiss your complaint I will tell you.
There is no expert to check the above defects in court. or the consumer fora till date did not employ any expert to check the fault in motor vehicles.
in absense of the expert who is legally appointed by the consumer forum there is no way it can be established that your royal enfield has the above defects.
Only if on the basis of the affidavits and if there are any videos posted regarding it. for example many people posted problem with HIMALAYAN motorcycle on youtube, if you submitted those videos and there are lot of magazines who do this work of reviewing the motorcycles. These people will not give total honest review but you can use them if the reviews aabout your motorbike are honest ones.
Then you should have mentioned all these defects in the job card. And then someting can be done at NCDRC level.
You should not have brought the Royal Enfield motorcycle. Myself had that motorbike for 15 years. Its a very low quality motorcycle and thousands of people filed cases and it is sad thing that govt still allowing such a company to produce such defective motorcycles.
Best is to sell it off and buy some technologically advanced two wheeler. CBRs are good bikes, good technology good brakes good lights superb engines and service is also very good of Honda.
Guest
(Expert) 28 July 2018
(If you find that siddharth lal you beat his face like drum with chappal, give 2 extra on behalf of me also... )
You can also file a PIL to close the company by making a class action suit with like minded people who are facing problems like you,
Guest
(Expert) 28 July 2018
till his face become laal lal.
Dr J C Vashista
(Expert) 30 July 2018
Too long a story, no time.
Consult a local lawyer.
