DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FAZILKA.
Complaint No. RBT/CC/224/2023 – CC/216/2022
Date of Institution: 26.08.2022
Date of Decision : 31.07.2024
Raj Singh aged 45 years S/o Jangir Singh R/o Village Panje Ke Uttar, Tehsil Guruharsahai, District Ferozepur (Adhaar No.6523-5662-9691).
…...Complainant
Versus
- Brothers Auto Sales, F.F. Road, Near New Bus Stand, Jalalabad (W), District Fazilka through its authorized signatories:-
- Paras.
- Dimple.
- Paras, authorized signatory of Brothers Auto Sales, F.F. Road,, Near New Bus Stand, Jalalabad (W), District Fazilka.
- Dimple, authorized signatory of Brothers Auto Sales, F.F. Road, Near New Bus Stand, Jalalabad (W), District Fazilka.
........ Opposite Parties
Complaint under Section 35 of the Consumer Protection Act, 2019.
RBT/C.C. No.224 of 2023
Quorum: Sh.Vishal Arora, President.
Sh.Raghbir Singh Sukhija, Member.
Smt.Tajinder Kaur, Member
Present: Sh.Raj Singh, complainant in person.
Sh. Y.R.Puri, proxy counsel for opposite parties.
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite parties for seeking directions to change the motor, battery and charger of the scooty free of cost besides Rs.1,00,000/- for mental pain/suffering, harassment and deficiency in services/unfair trade practice along with litigation expenses to the tune of Rs.5500/-.
2. Briefly stated, the case of complainant is that the complainant purchased one electronic scooty having Chassis No.SKHLEV847, Motor No.MLM757 Colour white, Model Rubie for Rs.50,000/- on 20.02.2022 vide invoice no.184 from opposite party no.1 which is showroom of electronic scooties and opposite parties no.2 and 3 are authorized signatories of opposite
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party no.1. It has been pleaded that opposite parties have also given full six months guarantee for any kind of defect and the same is also mentioned on the bill. After passing of sometime, some defects came to notice of complainant in the said scooty i.e. motor is not working properly, battery backup is also not giving and the complainant immediately complained about the said defects to the opposite party no.2 who told that they are minor defects and would be automatically removed after plying the scooty regularly. On the assurance, the complainant plied the scooty regularly but later on the charger got burnt and complainant along with scooty and original bill approached opposite party no.1 and told about the said defects with request to remove the said defects, but opposite parties no.2 and 3 had been prolonging the matter on one pretext or the other. The complainant showed the original bill having guarantee period of six months, then opposite party no.2 kept the original bill with him and opposite parties no.2 and 3 flatly refused to admit the claim of the complainant and started abusing and threatening the complainant. Again, the complainant approached and requested the opposite parties to remove the said defects of the said scooty but they flatly refused to do the same. Pleading deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has prayed for acceptance of the present complaint.
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3. The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.09.2022, complaint was admitted and notice was ordered to be issued to the opposite parties.
4. On receipt of the notice, the opposite parties filed written statement taking certain preliminary objections interalia to the effect that the opposite parties never gave the alleged guarantee to the complainant and none of the opposite parties wrote upon the bill from their own about the guarantee of the vehicle and the alleged six month guarantee was never written by the opposite parties and complainant might have tempered with the bill in order to make a false claim. It is incorrect and totally false that the complainant showed the original bill to the opposite parties and there is no reason to believe that opposite parties kept the original bill with themselves which was earlier issued by them at the time of sale. The true fact is that the complainant himself tempered with the original bill by filling a false guarantee and now making a false version of possession of original bill. The alleged defect in the vehicle could be due to lack of proper care and caution on the part of the
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complainant as an electronic vehicle requires proper caution and care for smooth functioning of the vehicle. The alleged burning of charger could be due to over use and excessive power supply from the circuit which has nothing to do with any inherent defect of the vehicle. The opposite parties are totally oblivious about the burning of charger and alleged defect in the charger. Complainant purchased the electric vehicle in a heat of passion and was not aware about its proper care and caution which is required to be made to keep the vehicle in good condition and complainant through this litigation wants to get benefit out of litigation. There is no problem in the vehicle in question and no report of any technician or any job card showing the defect in vehicle has been attached by the complainant regarding the alleged manufacturing defect of any part of the vehicle as alleged by the complainant. All other allegations leveled by complainant have been denied being wrong and incorrect. It has been reiterated that there is no deficiency in service or unfair trade practice on the part of opposite parties. The allegations with regard to relief sought too were refuted with a prayer that complaint deserves to be dismissed with costs.
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5. We have heard the complainant & Ld.Proxy counsel for the opposite parties and have also very carefully gone through the documents placed on record.
6. The factum of sale of scooty in question by the opposite parties to the complainant and issuance of bill by opposite parties to the complainant are duly admitted by the opposite parties in their written statement. The complainant along with the present complaint has only placed on record affidavit Ex.C-2 and copy of bill Ex C-1.
7. The first and foremost plea of opposite parties to the effect that “The opposite parties never gave the alleged guarantee to the complainant and none of the opposite parties wrote upon the bill from their own about the guarantee of the vehicle and the alleged six month guarantee was never written by the opposite parties and complainant might have tempered with the bill in order to make a false claim. It is incorrect and totally false that the complainant showed the original bill to the opposite parties and there is no reason to believe that opposite parties kept the original bill with themselves which was earlier issued by them at the time of sale. The true fact is that the
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complainant himself tempered with the original bill by filing a false guarantee and now making a false version of possession of original bill” appears to be genuine as all the columns in the bill dated 20.02.2022 Ex.C-1 have been filled in English by the seller/opposite parties but only “ 6 wjhB/ dh rkozNh ” has being mentioned on the bill in Punjabi without there being any column regarding warranty. Except the said bill and affidavit of complainant, there is nothing on record to prove the alleged guarantee/warranty.
The complainant has not placed on record any job sheet or proof of repair by any mechanic or any other documentary evidence to prove the alleged defects. Simply mentioning that the motor of scooty is not working properly, battery backup is also an issue and charger of the scooty has been burnt does not prove the alleged defect in the vehicle or any part thereof and the complainant owes the onus to prove the same by leading some cogent evidence in this regard.
8. In view of what has been discussed above, the present complaint fails and is hereby dismissed without any order as to costs. Copy of
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order be issued to the parties free of costs. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
31st Day of July, 2024
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur )
Member
