Delhi

North East

MA/8/2023

PRAKASH GUPTA - Complainant(s)

Versus

ADITYA MOTORS INDIA PVT.LTD. - Opp.Party(s)

02 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

MA.08/23 in RBT/Complaint Case No.170/22

In the matter of:

 

	Sh. Prakash Gupta, S/o Late Tilak Sow, At: F-16, Sharma Colony Near Sec 25, Pehladpur Bangar, Delhi 110042	Complainant
	Versus
1.         2.       3.	Aditya Motors India Pvt. Ltd., Plot No. 5, Kher No. 10/10, Yadav Park, Najafgarh Road Nangloi, Delhi 110041   East Man Auto and Power Ltd., 547, Udyog Vihar Phase 5, Gurgaon, Haryana 122016   DDIXN Deltek Enterprises Pvt. Ltd., 37/19, Sanjay Colony Nerala, Delhi 110040	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

18.09.2018 25.04.2024 02.08.2024

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

ORDER

 

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 03.10.2017, he purchased an E-rickshaw from the Opposite Party No. 1 for a sum of Rs. 1,00,800/-. Complainant stated that after few days of purchase of the said     E-rickshaw, the batteries (four) of the said E-rickshaw started giving problem and ultimately it stopped working. Complainant stated that he approached Opposite Party No. 1 but he was told to contact Opposite Party No. 2. Complainant stated that he contacted Opposite Party No. 2 and made a complaint. Thereafter, Opposite Party No. 2 replaced one battery of the said        E-rickshaw. Complainant stated that again the battery of the said E-rickshaw stopped working and again he made a complaint. Complainant stated that engineer of Opposite Party inspected the batteries on 27.08.2018 and gave a report that the batteries were failed. Complainant stated that Opposite Party assured that within few days batteries would be replaced by new batteries. Complainant stated that thereafter Opposite Party No. 2 refused to replace the batteries and told that Opposite Party No. 1 replaced the batteries and when he contacted Opposite Party No. 1 for replacing the batteries then Opposite Party No. 1 refused the same. Hence, this shows the deficiency of service on the part of Opposite Parties. Complainant has prayed to direct the Opposite Parties to replace all four batteries with new batteries. Complainant also prayed for an amount of Rs. 70,000/- towards mental harassment and also prayed for litigation cost.
2. None has appeared on behalf of the Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against ex-parte vide order dated 08.01.2019.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that he has purchased an E-rickshaw on 03.10.2017 from Opposite Party No. 1 and after few days the e-rickshaw started giving trouble and then he approached Opposite Party No. 1.  Opposite Party No. 1 told the Complainant to approach Opposite Party No. 2. He visited Opposite Party No. 2 and one battery was replaced out of the four batteries. As per the case of the Complainant, the e-rickshaw again started giving trouble then engineer of the Opposite Party inspected the battery on 27.08.2018 and reported that the batteries were faulty and Opposite Party assured the Complainant that batteries would be replaced within 02 days. However nothing was done. The case of the Complainant is supported by his affidavit and copy of invoice, copy of batteries claim form.
5. In view of the above, we are of the opinion that Opposite Party No. 1 and Opposite Party No. 2 are guilty of deficiency on service. The complaint is allowed. The Opposite Party No. 1 and Opposite Party No. 2 are jointly and severally directed to replace four batteries of the e-rickshaw of the Complainant. They shall also jointly and severally pay Rs. 25,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery. Opposite Party No. 1 and Opposite Party No. 2 shall comply with the order within 30 days from the receipt of this order.   
6. Order announced on 02.08.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)