Delhi

East Delhi

CC/365/2014

RAKESH - Complainant(s)

Versus

GUPTA TRADINGH - Opp.Party(s)

14 Feb 2017

ORDER

            DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

                                                                                                  

                                                  Consumer complaint no.  365 / 2014                                                                                                                                                                                                         

                                                                                                        Date of Institution           11/04/2014

                                                                                                        Order reserved on            14/02/2017

                                                                                                        Date of Order                    15/02/2017               

In matter of

Mr Rakesh Kumar, adult

s/o Sh Hoshiyar Singh

R/o- 57/C-1, Budh Vihar Gali   

Mukesh Nagar, Shahdara, Delhi 110032……………..…………….Complainant                                                                   

                                                                            

                                                                              Vs

1-M/s Gupta Trading   

29/26, St No. 10, 60 Feet Rd.,

Vishwas Nagar Delhi 110032

 

2-M/s Aggrawal Electricals

1/4980, Main Loni Road

Shahdara, Delhi 110032………..…………………………………………….Opponent

 

Complainant’s Advocate……..………… Rajesh Sharma

Opponent’s Advocates……………………Manish Kumar  

 

Quorum …………………………………………. Sh Sukhdev Singh      President

                                                                   Dr P N Tiwari              Member

                                                                   Smt Harpreet Kaur    Member                                                                                                                      

                    

Order by Dr P N Tiwari  Member 

Brief  Facts of the case                                                                                                   

Complainant after seeing and getting impressed by a pamphlet of OP1 showing very lucrative advertisement as Ex CW1/1, purchased battery rickshaw for a sum of Rs 84,000/-from OP1 on 20/11/2013 vide annexure Ex CW1/2.

Complainant also purchased four e-rickshaw batteries for a sum of Rs 18,000/-on 20/11/2013 vide cash memo no. 385 having OP2 address. Cash memo had detail of batteries as N-13-J-31-120, N-13-J-31-092, N-13-J-10-117 and N-13-J-31-075 as per annexure Ex CW1/3. All batteries had six months warranty with cost of Rs 4500/ each. Batteries were issued by OP1 shop.  

After few days, e-rickshaw started giving trouble, so his e rickshaw was inspected by OP1 who told that one battery had some problem, so it would be replaced and told to come after 3-4 days. When complainant reached as per time given by OP1, stated that the said battery had been given to the manufacturer and would get after some time. Even after repeated visit OP1 did not replace the battery nor refunded the cost of the battery which cost loss of his daily livelihood also.  

Number of times complainant tried to contact OP1 and also to OP2 on mobile numbers given on cash memo issued by OP, none answered. Complainant also gave a hand written complaint to OP1, but no reply was received by him as marked Ex CW1/4. When complainant did not receive any reply from OPs, also sent a legal notice marked as Ex CW1/5. When he did not receive reply of legal notice, filed this complaint claiming replacement of defective battery or refund the cost of battery Rs 4500/- with compensation for harassment Rs 20,000/- and litigation charges Rs 15,000/- 

After receiving of notice, OP filed a joint written statement denying all the facts of complainant and even denied that they ever sold the e rickshaw and four batteries to complainant. It was admitted by OP2 that OP1 had purchased batteries and used to sell from his shop, but OP2 had not issued any bill to complainant for batteries.  It was submitted that all the allegations of complaint were wrong and totally denied, hence the complaint be dismissed.

Complainant submitted his rejoinder and evidences on affidavit. He affirmed his facts as stated in his complaint on affidavit. OP2 also submitted evidences on affidavit. OP2 through Mr Saurav Gupta affirmed on affidavit that he never sold any batteries to complainant and he was dealing under the name of “M/s Aggarwal Electricals” and stated that he had no knowledge of purchase of e rickshaw and batteries by them. Arguments were heard from both the Ld. Counsels and order was reserved. 

After perusing the facts and evidences, we are of the opinion that the defects pointed out by the complainant in one of the battery from date of purchase was admitted by OP1 and the same battery was kept by him for replacement as the battery was under 6 months warranty. Despite of repeated visit by complainant, neither the battery was replaced by OP1 who had supplied the batteries in the name of OP2 nor refunded the cost of battery.  

 

It clearly amount to deficiency of OP1 and OP2 is also found dealing in unfair trade practice as he refused to accept the details of battery sold. Thus, we are of the opinion that complainant has proved deficiency of OPs. So pass the following order as under-

1. OP1 is directed to replace with new battery within 15 days from receiving of this order and shall give standard warranty on it. If OP1 fails to comply the order, shall refund the cost of battery a sum of Rs 4500/- with 9% interest from the date of the filing of this complaint.
2. We also award compensation Rs 5,000/ for harassment and mental agony caused due to deficiency in services of OPs. This shall include litigation charges also. 
3. If awarded amount is not complied in the stipulated time, entire awarded amount shall carry the same interest till realized.      

The copy of the order be sent to the parties as per the rules and the file be consigned to Record Room.

 

(Dr) P N Tiwari  Member                                                                     Mrs Harpreet Kaur Member

                                                    

                                                        Shri Sukhdev Singh - President