Jharkhand

Bokaro

CC/55/2021

Nisha Kumari - Complainant(s)

Versus

COSMO WORLD - Opp.Party(s)

Anant Kumar Pandey

08 May 2024

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-24-12-2021

Date of final hearing-08-05-2024

 Date of Order-08-05-2024

Case No. 55/2021

Nisha Kumari W/o Shakti Naryayan Pandey

 R/o Sector-3/C, Qr.no. 338, Bokaro Steel City,

District- Bokaro, Jharkhand

                                      Vrs.

1. COSMO WORLD,

J.P HOUSE 1^st Floor, Left Wingh,

Saidulajab Lane No.-2, Western Marg,

New Delhi-110030

2. Sahara India Bhawan,

1 Kapoorthala Complex Aliganj, Lachnow,

Utter Pradesh-226024

3. Manager, Reyansh Automobile,

Sahara Evols, Opposite of Hanuman Mandir,

Jodhadih more, chas, P.O. and P.S- Chas,

District- Bokaro, Jharkhand

Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that she purchased ‘Veero Sports Battery Scooty’ from Ayush Automobiles Showroom, Plot No. CG-11, Sector-IV, Near Shree Leather Showroom, Bokaro Steel City on 13.11.2020 on payment of Rs. 64,490/- which was having warranty for three years. Further case is that after one month from purchase the body of the scooty broke at several places for which oral complaints were made between 22.05.2021 to 30.08.2021 but it was not replaced. Further case is that the front shocker of the scooty was damaged for which complain was made on 25.10.2021 but it was not replaced on repeated requests hence this case has been filed with prayer to direct the O.Ps. to replace the damaged body and front shocker of the scooty or to provide other scooty of same price and to pay Rs. 10,000/- as compensation and Rs. 15,000/- for other expense.
2. O.P. No. 1 & 2 appeared and they have filed joint W.S. mentioning therein that the seller of the scooty “Ayush Automobiles Showroom Bokaro” has not been made party to the case and scooty has been purchased by the complainant after full satisfaction. Further reply is that there is no guaranty of body or shocker of the scooty as it is apparent from the invoice hence case is liable to be dismissed.
3. O.P. No.3 has filed W.S. mentioning therein that the scooty in question was purchased on 13.11.2021 from Ayush Automobiles, Sector-IV, Bokaro who has not been made party of this case and this O.P. is authorized to sale out the scooty since 27.10.2021 and as per invoice paper of the scooty it does not carry guaranty or warranty of body or shocker. Further reply is that neither this O.P. is seller of the scooty nor has received any payment nor any complain was made to him hence there is no any liability of this O.P. rather case is liable to be dismissed against him.
4. Point for determination is whether complainant is entitled to get relief as prayed ?
5. It is apparent from the complaint petition itself that original seller of the scooty concerned is Ayush Automobiles Showroom, Plot No. CG-11, Sector-IV, B.S.City Bokaro and he has not been made party of the case. As per complainant all complaint have been made to original seller. Tax invoice dt. 13.11.2020 shows warranty of one year on motor and charger and  warranty of three years on battery only. It is not disclosing any warranty or guarantee on body or shocker of the scooty. There is no any expert’s opinion or evidence in respect to the facts of this case. No any warranty paper has been brought on record to prove the case.
6. The husband of the complainant has been examined as complainant witness No.1 who has produced his evidence on affidavit. This witness has produced one paper about which he states that it has been signed by service mechanic Vikash Kumar but this witness states that he could not say the name of the writer of that very paper.
7. Complainant herself has not come to prove her case by giving evidence in this proceeding. In this way complainant has not proved her case by her own evidence though she has claimed as owner of the scooty concerned. Said mechanic Vikash Kumar has also not been examined in this case to prove the handwriting and signature of the paper filed by witness No.1.
8. In light of above discussion we are of the opinion that complaint petition is liable to be dismissed on the ground that original seller ‘Ayush Automobiles Showroom, Plot No. CG-11, Sector-IV, B.S.City Bokaro’ has not been made party in this case, the evidence produced is not showing that body and shocker of the scooty were having any guaranty or warranty for any period and complainant herself has not proved her case. Accordingly this case is being dismissed on merit.

 

        (J.P.N. Pandey)

                                                                                      President

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member