Delhi

East Delhi

CC/254/2016

KAMALJEET KAUR - Complainant(s)

Versus

BHAWANI REALTECH - Opp.Party(s)

07 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 254/16

 

Smt. Kamaljeet Kaur

R/o 182, Gagan Vihar

Delhi – 110 092                                                                          ….Complainant

Vs.

M/s. Bhavani Realtech Pvt. Ltd.

Main Jagatpur Road

Karkardooma Court

East Delhi – 110 092                                                ….Opponent

 

Date of Institution: 17.05.2016

Judgment Reserved on: 07.11.2017

Judgment Passed on: 13.11.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            Jurisdiction of this forum has been invoked by the complainant Smt. Kamaljeet Kaur, against M/s. Bhavani Realtech Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act.

2.        Facts of the present complaint are that on 04.02.2016, the complainant had purchased one Vespa Scooty from OP for Rs. 77,088/-.  It is stated that the handle of the scooty was not aligned, which she came to know immediately after taking delivery.  The complainant approached the OP, where she was asked to come on next day as the mechanic was not available.  The complainant has stated that since then, she has been visiting service centre for redressal of her complaint, but to no avail.

            It has further been stated that due to the defective handle, the front tyre has worn out and she was refused to be served at service centre stating that she should visit some other service centre with excuse that the complainant does not know how to drive.  It has also been stated by the complainant that defect in handle pose danger to her life which may results in accident.  The complainant has further alleged deficiency in after sale service, where she was not attended properly and every time on one pretext or the other, her grievance was not addressed.  The complainant has stated that being a female, she was made to wait in workshop from morning till evening.  At the time of sale, the complainant was informed that the scooty was under 5 years’s warranty.  Feeling aggrieved, the complainant has prayed for directions to OP to refund the cost of scooty or service of scooty and replace the necessary parts; Rs. 50,000/- on account of compensation and               Rs. 10,000/- towards cost of litigation.

            Complainant has annexed retail invoice dated 10.05.2014, booking receipt, delivery receipt dated 04.02.2014, RC, emails exchanged between the complainant and customer care, with the complaint.

3.        Notice of the present complaint was served upon OP.  No reply was filed on their behalf, hence they were proceeded ex-parte. 

4.        Ex-parte evidence was filed by the complainant where she has deposed the averments made in the complaint.  She has reiterated that OP had failed to redress her grievance and that her complaint was not attended properly by OP.

5.        We have heard the complainant and have perused the material placed on record.  The complainant has stated that right from day one, there was problem with the alignment of the handle, which led to wearing off front tyre thereby posing risk of accident.  Complainant has placed on record the emails exchanged with the Vespa customer Care, where she has complained of the problems as mentioned in the complaint.  The complainant was made to visit service centre / workshop of OP several times, despite that the problems reported were not fixed this definitely amounts to deficiency in service.

            As OP has been proceeded ex-parte, all averments made by the complainant have remained uncontrovered.  Hence, we allow the present complaint and direct OP to repair the scooty of the complainant free of cost.  We also award Rs. 10,500/- as compensation for harassment and mental agony as the complainant was deprived of hassle free enjoyment of the scooty.  This includes the cost of litigation.

            The said order be complied within a period of 30 days from the date of order.         

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President