Delhi

North East

CC/85/2023

Ajay Kumar - Complainant(s)

Versus

Deepak Auto Parts & Workshop - Opp.Party(s)

10 Apr 2023

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 85/23

 

In the matter of:

 

	Sh. Ajay Kumar S/o Siyaram Choursiya R/o H.No. A-93/2, Shakti Garden, Meet Nagar, Delhi-93	Complainant
	Versus
	Deepak Auto Parts & Workshop Main Road, Johripur, Near Satyam Cinema Hall, Delhi-94	Opposite Party

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

  Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

1. The case of the Complainant is that he purchased an amaron bettery from Opposite Party on 20.03.20. The Complainant stated that his indicator of bike horn and light stopped working in February 2023 and after visiting bike repair shop he came to know that his battery of bike became unfunctional. On 26.02.23 Complainant contacted Opposite Party and it gave assurance that his battery will be changed but after some time. Opposite Party denied to change the battery as his battery has warranty of 2 years. The Complainant mentioned to Opposite Party that in warranty card it is mentioned that warranty is of 4 years but it is not clearly mentioned only alpha, beta, gamma and free replacement of 2 years is mentioned. On 27.02.23 Complainant contacted the customer care mentioned in warranty card they gave a phone no. and requested to send his warranty card on whatsapp but after sending no reply was received by Complainant. The Complainant stated that according to warranty card 60 months warranty for alpha, 48 months warranty for beta and 36 months warranty for gamma is mentioned. The Complainant stated that Opposite Party had not mentioned about the expiry of warranty intentionally in the warranty card. The Complainant sent a legal notice to Opposite Party dated 27.02.23 via speed post. The Complainant has prayed for Rs. 760/- and Rs. 20,000/- for mental harassment. He has also prayed for Rs. 1,000/- as litigation cost. 
2. The Complainant has purchased battery from Opposite Party on 15.03.20. The purchase Bill dated 15.03.20 annexed by the Complainant along with complaint does not mentioned name of the Complainant or the vehicle number of the Complainant by which it can be ascertained that Complainant is the consumer of Opposite Party as per Consumer Protection Act, 2019.
3. In view of above discussion, we did not see any ground to admit the complaint. The complaint is dismissed.
4. Order announced on 10.04.23.

Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)                Member

(Adarsh Nain)       Member

(Surinder Kumar Sharma) President