Delhi

North East

CC/19/2024

Fakhruddin - Complainant(s)

Versus

E-Fill Electric - Opp.Party(s)

16 Jul 2024

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. 19/24

 

 

In the matter of:

 

 

		Sh. Fakhruddin S/o Sh. DeenMohd. R/o H.No. 1389, Khasra No. 378, St. No. 14-1/2, Rajeev Gandhi Nagar, New Mustafabad, Karawal Nagar, North East, Delhi 110094		Complainant
		Versus
	1.       2.         3.	E-Fill Electric (Manufacture Company) Plot No. 1670, Rai Industrial Estate, Sector 38, Sonipat, Haryana 131029    EFEV Charging Solutions Pvt. Ltd. Shop No. 42, Plot No. B 98, Ram Garh, GT Road, North West Delhi, Delhi 110033 GSTIN/UIN 07AAFCE7198B1ZK   Nitya EV Motors Shop No. A 793, Main Gujjar Chowk, Bhalswa Dairy, Delhi-110053		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		19.01.24 04.07.24 16.07.24

14.02.

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

 

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party alleging deficiency in services.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that on 07.11.23 the Complainant had financed an E-Rickshaw Chassis No. MD9ERP2D1CA688184, Motor No. 031122BA0155, Controller No. EFEV071122BA0191, Battery No. BN27DW008003, Colour- Red-Black, from Opposite Party No.3. The Complainant had financed E-Rickshaw by mortgaging his wife’s jewellery and paid Rs. 32,000/- as down payment and a monthly instalment of Rs. 9,067/- for 18 months which is informed by Mr. Rajat. The Complainant had submitted he had also given 18 blank cheques and one cheque for subsidy which company did not submit and told Complainant that his subsidy shall be credited in two months and the Complainant did not receive any subsidy.  The Complainant received delivery of said E-Rickshaw on 11.11.23 and started to run E-Rickshaw on 19.11.23 and after two three days Complainant found that oil was leaking from shocker, defencer & motor and all the nut bolts were loose. Thereafter, Complainant called the dealer and he informed that he will talk to company about it. The Complainant had also mailed the company but no reply received. Thereafter Complainant called the company and a mechanic was sent at his residence to inspect the E-Rickshaw who found that there was already fault in the E-Rickshaw before the Complainant purchased the same and also it was the negligence of company and then mechanic repaired the vehicle and made a report for change of shocker but after one week, same problems occurred again. The Complainant continuously complained about the problem but all in vain. The Complainant alleged that Opposite Party registered the vehicle without clearing finance matter which is negligence on their part. The Complainant stated that he is not able to pay monthly instalment as he is not earning jfrom E-Rickshaw.The Complainant had also sent legal notice to Opposite Parties dated 26.12.23 but did not receive any reply till date. Hence, this shows deficiency in service on behalf of Opposite Parties. The Complainant has prayed to direct the Opposite Parties to issue a fresh and new E-Rickshaw to the Complainant and pay sum of Rs. 2,00,000/- plus parking charges of Rs. 70 per day and Rs. 11,000/- towards compensation for mental harassment and litigation expenses.
2. None has appeared on behalf of Opposite Parties despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 29.05.24.

Ex-Parte Evidence of the Complainant

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

Arguments & Conclusion

4. We have heard the Complainant in person and also perused the file. It is the case of the Complainant that he had purchased subject E-Rickshaw on 11.11.23. It is alleged that the said E-Rickshaw was not running properly from the very beginning as there were many defects such as oil leakage, loose nut bolts etc. The Complainant alleges that he complained about the problems to the Opposite Party several times but his problem was not resolved. The Complainant also submits that he purchased the said E-Rickshaw on finance. The Complainant has prayed for issuance of fresh E-Rickshaw and compensation. The Complainant has also prayed for parking charges since the E-Rickshaw is parked and he is paying parking charges.
5. The Opposite Party has not contested the case. The perusal of the file reveals that Complainant has produced copy of E-mail written to the manufacturer i.e. E-Fill Electric (Opposite Party No.1), copy of purchase invoice etc. The Complainant has also filed downloaded copies of his grievances registered on Govt. portal of consumer helpline on several dates. The perusal of these documents shows that the manufacturing company was apprised with the problems time and again from the consumer helpline also but they did not revert/respond.
6. From the documents filed by the Complainant, it is clear that there was existing problems with the said E-Rickshaw from the very beginning and the same was not resolved by the Opposite Party No.1 who is the manufacturer of the said                E-Rickshaw. The evidence led by the Complainant has not been rebutted or controverted by the Opposite Parties as they have not contested the case. The Complainant has prayed for the parking charges however he has not led any document to show that he had paid such charges in actually. Hence, the same cannot be allowed.
7. In view of the above discussion, we are of the considered view that Opposite Party No.1 i.e. E-Fill Electric, manufacturing company has been deficient in providing services to the Complainant.
8. Thus, the present complaint is allowed and Opposite Party No.1 i.e. E-Fill Electric manufacturing company is directed to issue fresh new E-Rickshaw of the same make i.e. E-Rickshaw–Muver along with Rs. 15,000/- as compensation and litigation charges with complainant subject to production of NOC from the financer concerned and return of E-Rickshaw subject matter of this complaint by the Complainant to the Opposite Party No.1.   
9. Order announced on 16.07.24.

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

File be consigned to Record Room.

 

(Adarsh Nain)            Member

(Surinder Kumar Sharma) President