Haryana

Bhiwani

CC/113/2023

Sammer - Complainant(s)

Versus

Electrmech engg. - Opp.Party(s)

In Person

20 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

         CONSUMER COMPLAINT NO. : 113 of 2023

                             DATE OF INSTITUTION            :           17.05.2023                                            DATE OF ORDER                        :             20.03.2024

 

Sameer-minor son of Sh. Vijender Kumar R/o village Dinod, Tehsil and District Bhiwani through his father Sh. Vijender Kumar.

 

          ……Complainant.

 

Versus

 

1. Electromech Engineers, Authorized dealer: Warivo Motor India Private Limited, Near Axis Bank, Loharu Road, Dinod Gate, Bhiwani-127021 (Haryana).

 

2. Warivo Motor India Pvt. Ltd., Ellanabad, Haryana-125102.

 

Also at: Kanak Trading Company, General Hospital, Loharu Road, Charkhi Dadri.

 

….. Opposite Parties

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Complainant in person.

                    OP No.1 given up on 06.03.2024.

                    OP No.2 exparte v.o.d.19.12.2023.  

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased an Electric scooty Nexa EX, vide invoice No.41 dated 17.05.2022 in a sum of Rs.49,000/- from OP (hereinafter referred as to scooty). The scooty was having warranty for one year qua its motor, controller, charger and lead battery. As per complainant, the scooty started giving problems qua its mileage, shocker & battery problem etc. after two months of its purchase, so he approached OP No.1 who assured that as and when part will come, will be replaced. But despite repeated visits, no solution came out.  It is alleged that in March 2023, the scooty occurred starting problem and OP assured that your claim has already lodged with company, as and when, parts received, will be replaced.  On this assurance, complainant visited the OP No.1 on 10.05.2023 when OP No.1 told that warranty period of scooty has expired and now nothing can be done towards it. Complainant has alleged that the scooty is lying at his home in non-working conditions and urged that the OPs have played fraud upon him. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of Ops and thereby causing him mental agony, physical harassment besides monetary loss. In the end, prayer has been made to issue directions against the OPs to replace the scooty and also to compensate for mental and physical harassment besides financial loss. Any other relief to which this Commission deems fit has also been sought.  

2.                 Notices were sent to the OPs.  Op No.2 did not bother to appear, as such, it was proceeded against as exparte vide order dated 19.12.2023.

3.                 OP No.1 (wrongly written as OPs No.1 & 3) was given up by the complainant vide his statement dated 06.03.2024.

4.                 In exparte evidence of complainant, his affidavit Ex. CW1/A alongwith documents Ex. C-1 & Ex. C-2 were tendered and closed the evidence.

5.                 We have heard the complainant and perused the record carefully.

6.                 Complainant in order to substantiate his version that he purchased the scooty from OPs has placed on record bill dated 17.05.2022 for Rs.49,000/- (Ex. C-2).  Further perusal of this document reveals that  the scooty was having one year warranty for its motor, controller, charger & Led Battery. Complainant to strengthen his case has placed in evidence, his duly sworn affidavit Ex. CW1/A wherein he has corroborated the contents of complaint. In view of the above as well as the fact that Ops did not defend their case despite issuing notices to them. In such a situation, we have no option except to believe the version of complainant.  Accordingly, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as well as have adopted unfair trade practice which dragged the complainant into this unwarranted litigation.  So, complainant must have suffered monetary loss as well as mental and physical harassment. Hence, the complaint is allowed and OP No.2 is directed to comply with the following directions within 40 days from the date of passing of this order:-

 

(i)       To refund Rs.49,000/- (Rs. Forty nine thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization subject to return of the defective scooty to the OP No.2.

(ii)      To pay a sum of Rs.5,000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                     In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:20.03.2024