| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.97/2019 Sh. Jaddu Chaudhary S/o Sh. Sodagar Chaudhary R/o A-1, Mangla Puri Pahari, Mangla Puri, Chaterpur, New Delhi- 110074 ….Complainant Versus M/S ECO Wheels Proprietor Akram Office at Kh. No. 323, Eidgah Road, Near Chaterpur Mandir Chaterpur, New Delhi ….Opposite Party Date of Institution : 29.08.2019 Date of Order : 06.09.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Ms. Kiran Kaushal - Briefly put, Complainant purchased an E-rickshaw from M/s ECO Wheels (OP) for Rs.1,32,000/- on 30.12.2018. It is stated that the complainant purchased the E-rickshaw to earn his livelihood and after some days of purchasing the said E-rickshaw, it broke down. Complainant contacted OP but OP did not respond. Thereafter, Complainant got the same repaired and spent approximately Rs 30,000/- on repairs of the E-rickshaw. It is stated that the complainant contacted OP in the last week of January, 2019 for registration of E-Rickshaw but OP paid no heed to his request.
- It is further stated that complainant had gone to Chatarpur Metro Station on 06.04 2019, wherein he was challaned by the Traffic Police as the complainant could not produce the documents pertaining to
E-rickshaw and the same was seized by the Traffic Police. On 07.04.2019 complainant went to the court to furnish the challan amount but was informed that E-rickshaw could not be released to him as he did not have the requisite documents of the E-rickshaw.
- It is stated that OP at the time of purchase of E-rickshaw had claimed that the E-rickshaw was a new one and OP also promised to get the said E-rickshaw registered. OP after receiving the consideration has failed to get the said vehicle registered.
- Alleging, unfair trade practice and deficiency of service on part of OP, complainant has prayed for direction to OP to pay Rs.1,32,000/- alongwith interest and Rs.30,000/- compensation on account of mental and physical agony.
- OP resisted the complaint and filed its written statement raising preliminary objection that the vehicle/E-rickshaw in question was driven by Sh. Ramdev for generating profit. The complainant does not fall within the definition of ‘Consumer’ as defined under section 2(1)(d) of Consumer Protection Act, 1986 as the vehicle in question was being used for commercial purpose.
- It is stated that complainant was sold a brand new
E-rickshaw by OP for total sum of Rs.1,32,000/- and he paid Rs.1,00,000/- in cash .The balance of Rs.32,000/- was assured to be paid by the complainant within a month from the date of purchase of the said vehicle. It is stated that complainant had properly checked and got trial of the said vehicle before purchasing to ensure that the vehicle is new and in good condition without any defects. It is stated that complainant was informed at the time of purchase that complainant is required to submit certain documents to get the clearance from the concerned authority but the complainant paid no heed to it.
- It is stated that for the reasons best known to the complainant, despite repeated calls and requests of OP complainant never submitted the documents and kept driving the E-rickshaw illegally without obtaining the requisite certificate. It is further stated that on 06.04.2019 the said E-rickshaw got challaned and was seized by Traffic Police near Chatarpur Metro Station, Delhi. The complainant thereafter informed the proprietor of OP company about the same and started using abusive language, stating that the OP is responsible for the seizsure of the said vehicle, demanding the money back from OP. Reiterating, the fact that Rs.32,000/- still remained unpaid by the complainant and OP reserved it right to take measure to recover the said unpaid due amount from the complainant. In view of the facts stated above, OP prays that the complaint be dismissed with heavy cost.
- Evidence by way of affidavit and written arguments are filed on behalf of parties. Submissions made on behalf of the complainant are heard and material placed on record is perused.
- From the documents placed before us, it is seen that both the parties have adduced a copy of invoice of the E-rickshaw purchased by the complainant. The invoice appended with the reply of OP seems to be the initial one, wherein the complainant had paid only Rs.1,00,000/- out of the total amount of Rs.1,32,000/-.But the invoice appended with the complaint shows that on the initial invoice, another entry of receipt of Rs.1,31,000/- on 31.1.2019 has been made. The said entry is duly signed by the proprietor/ person who had initially signed the invoice. The invoice appended with the complaint reposes confidence as the signatures tally. Therefore we are of the opinion that the complainant had paid Rs.1,31,000/- towards payment of the said E-rickshaw. Accordingly, OP’s averment that balance payment of Rs.32,000/- was due to be paid by the complainant , is rejected and taken to be an attempt to mis-state the facts to mislead this commission.
- The second averment of OP that the complainant did not provide the requisite document for obtaining the registration and other documents of the E-rickshaw does not seem to be plausible. As any prudent man who would purchase a new vehicle would rather ply the vehicle legally after having the complete papers of the vehicle in hand.
- As regards, OP’s version that the complainant is not a ‘consumer’ in the instant matter as he was plying the E-rickshaw for making profit. OP has not adduced any evidence to substantiate the claim by filing any proof that the complainant had other sources of the income or there were number of Autos being plied by the complainant.
- In view of the discussion above, we are of the opinion that OP indulged in unfair trade practice by not providing the registration/documents of the vehicle to the complainant after receiving Rs.1,31,000/- from the complainant. This Commission of the considered view that the possession of the E-rickshaw with the complainant is of no use without the legal papers to ply the same. Therefore, we direct OP to refund Rs.1,31,000/- @6% interest per annum from the date of filing of the complaint on account of the payment made by the complainant towards E-rickshaw. Additionally, OP is directed to pay Rs.20,000/- compensation towards mental harassment and agony within three months from the date of order failing which OP shall pay Rs.1,31,000/- @9% interest per annum till realization. OP shall be entitled to retain possession and ownership of E rickshaw on payment of the amount awarded above.
File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website. | |
