DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 653/2014
D.No. ____________________ Dated: ________________
IN THE MATTER OF:
GOPAL S/o SH. ASHOK KUMAR,
R/o 8/225, DAKSHINPURI EXTN.,
NEW DELHI-110062. … COMPLAINANT
Versus
GOENKA ELECTRIC MOTOR VEHICLES (P) LTD.,
(THROUGH SH. SANYAM & RAJIV),
H. No. 6, LGF, SHIVA ENCLAVE,
PITAM PURA, DELHI.… OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 29.05.2014 Date of decision: 23.10.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint under Consumer
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Protection Act, 1986 on the allegations that the complainant visited office of OP at Pitam Pura to inspect the E-Auto Rickshaw on 05.04.2014 and the complainant met Sh. Sanyam who showedE-Auto-Ricksahw and told the complainant about E-Auto-Rickshaw that the same is being manufactured in Sonepat, Haryana and it is an Indian Rickshaw and if any fault is developed in the Rickshaw the same will be rectified/removed within one or two days and OP further informed the complainant that all the parts of the Rickshaw are available with OP at all the times and the warrantee period is 6 months. The complainant further alleged that Sh. Sanyam further informed the complainant that if any fault is developed in the battery of the E-Auto-Rickshaw then in that situation the same will be replaced immediately and OP will give pucka bill of the Rickshaw having name and its address and the auto-rickshaw will be fully sales tax paid and it will bear the number of the Rickshaw and OP further informed the complainant that the Rickshaw will give average of 60 KM to 65 KM in fuel and its charging time will be 8 to 10 hours and 100-H make battery will be fitted in the Rickshaw and give 6 free services. Thereafter the complainant gavean order for purchase of E-Auto-Rickshaw for the cost of Rs.1,25,000/- and the complainant made advance payment of Rs.10,000/- to OP and it was decided that the balance payment will be made when the
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delivery of the Rickshaw will be given at the complainant’s premises. On 08.04.2014, OP gave the delivery of the purchased Rickshaw to the complainant’s premises and the complainant made payment of balance amount of Rs.1,15,000/- to OP. The complainant further alleged that when the complainant started plying the Rickshaw then he noticed that the meter of the Rickshaw was not working, the nut of the roof was not fitted and the vehicle was giving only 30 to 40 KM per hour and seeing these short comings in the rickshaw the complainant asked OP that he does not require such defective rickshaw and they should replace the rickshaw or to get remove the defects of the rickshaw and OP informed the complainant that they are sending the engineer to remove the defects of the rickshaw but he only removed the meter of the rickshaw and did not remove the defects of roof and battery of the rickshaw and the engineer tookthe battery with him for 6 days but OP did not change the battery of the rickshaw and when the battery came back, it was again giving the average of 30 to 40 KM and taking charging time from 14 to 16 hours. The complainant further alleged that the complainant asked OP to give free service to the rickshaw but OP did not provide any services to the complainant and OP did not pick up the mobile calls and the complainant stated that OP fitted 80-H battery in the rickshaw of
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the complainant instead of agreed battery of 100-H without the consent, information and permission of the complainant and the rickshaw further developed 2-3 defects/faults but OP is not ready to remove the same and further alleged that there is unfair trade practice and deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to repair or replace the E-Auto-Rickshaw with interest as well as compensation for causing him mental agony and harassment. The complainant hasalso sought compensation for loss of business/livelihood and also sought litigation cost.
3. OP has been contesting the case and filed the written statement and submitted that the case of the complainant is frivolous and vexatious and is not maintainable and is liable to be dismissed as there is no deficiency in service and unfair trade practice on the part of OP. OP further submitted that this Forum has no jurisdiction to entertain the matter as the complainant is involved in commercial activity and runs business for gains and profits and is not covered under the definition of Consumer as per Section 2 (d) of the Consumer Protection Act. OP further submitted that whenever the complainant called for any problem, OP provided proper and satisfactory service without any charges while it was chargeable and the OP is till ready to give service if the rickshaw
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has any problem and if need to rectify the problem in the said rickshaw.
4. The complainant filed rejoinder to the written statement of OP and denied the submissions of OP.
5. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of invoice no. 002 dated 08.04.2014 of Rs.1,25,000/- issued by OP, copy of booking slip which shows advance payment of Rs.10,000/- issued by OP and copies of pamphlets/advertisement by the OP in respect of E-Auto-Rickshaw and copy of stores delivery note dated 21.05.2014 about replacement of 4 batteries. The complainant has also placed on record various photographs showing defects such as fixing of glass in the body of the auto-rickshaw, rusted bolts of the auto-rickshaw at various places.
6. On the other hand, Sh. Sanyam, Sales Executive of OP filed his affidavit in evidence which is as per line of defence taken by OP in its written statement.
7. This forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by the complainant. The testimony of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant. The pamphlet/advertisement of the OP shows that
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there will be not be any effect on the body of the E-Auto-Rickshaw due to water/fire. The complainant as already discussed above has placed on record various photographs of the E-Auto-Rickshaw showing bolts in rusted conditions. It proves the case of the complainant.A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product.Accordingly, we hold the OP guilty of deficiency in service.
8. Accordingly, OP is directed as under:
i) To remove/repair the defects in the E-Auto-Rickshaw of the complainant free of charges within 30 days.
ii) To pay an amount of Rs.10,000/- as compensation towards mental agony and harassment caused to the complainant including cost of litigation.
9. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 23rd October, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
