Haryana

Kurukshetra

70/2018

Prem - Complainant(s)

Versus

Kaushal Electronic - Opp.Party(s)

In Person

20 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.70 of 2018.

                                                     Date of institution: 02.04.2018.

                                                     Date of decision: 20.06.2018.

Prem son of Sh. Gaje Singh, resident of House No.354, Ballah, District Karnal (Haryana).

                                                                        …Complainant.

                        Versus

1. M/s. Kaushal Electric Vehicles, Rajesh Pilot Chowk, KDB Road, Kurukshetra, through its proprietor/partner.
2. Electrotherm (India) Ltd. (YO Bikes) # 72, Palodia, Visa Shilaj Village, near Thaltej, Ahmedabad, Gujrat, through its proprietor/partner/authorized signatory.    

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Ms. Anamika Gupta, Member.

       

Present:     Complainant in person.

                Ops exparte.   

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Prem against M/s. Kaushal Electric Vehicles and another, the opposite parties.

2.            It is stated in the complaint that the complainant purchased one black colour YO Electric Bike bearing chassis No.MBTEL020LGK007335, battery No.29337 to 29340 and charger No.ICC10116H18224 from the Op No.1 for a sum of Rs.31,508/- vide bill No.14 dt. 12.06.2017.  It is alleged that after purchasing the said vehicle, the performance of said electric vehicle remained normally only upto 1-2 months but lateron the power of the batteries started decreasing day by day and ultimately in the month of June, 2017 the said electric vehicle become dead i.e. not able to start due to battery problems.  It is further alleged that the complainant approached the Ops several times for replacement of defective batteries but the Ops did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the defective old batteries with the new one and further to pay compensation of Rs.50,000/- for harassment and mental agony as-well-as litigation charges.

3.            Upon notice, the OPs did not appear and opted to proceed exparte vide order dt. 10.05.2018.

4.             To prove his case, the complainant placed on file affidavit,  copy of cash memo and copy of application.    

5.             We have heard the complainant in person and perused the record carefully and minutely.

6.             From the cash memo dt.12.06.2017, it is clear that the complainant purchased one YO Electric Bike from the Op No.1 for a sum of Rs.31,508/-.  The grievance of the complainant is that the batteries of said electric bike became defective within the guarantee period.  The complainant has supported his versions by filing his affidavit and copy of cash memo dt. 12.06.2017.  There is no rebuttal on the part of Ops.  In these circumstances, the complainant is entitled to get replaced the old defective batteries with the new one from the Op No.2 being manufacturer of YO Electric Bike.

7.            Thus, in view of our above said discussion, the complaint of the complainant is allowed accordingly and we direct the OP No.2 to replace the old defective batteries with the new one of the same model.  The complainant is directed to deposit the old defective batteries with the service-centre of Ops.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.2.  Copy of this order be communicated to the parties free of cost.   File be consigned to record after due compliance. 

Announced in open court:

Dt.:20.06.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

(Anamika Gupta)             

                                        Member