Delhi

West Delhi

CC/17/368

MADHULESH KUMAR - Complainant(s)

Versus

KHAN ENTERPRISE - Opp.Party(s)

03 Aug 2018

ORDER

 

                    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 22.06.2017

Complaint Case. No.368/17                                          Date of order:    03.08.2018

IN  MATTER OF

Madhulesh Kumar, C-8, Shiv Ram Park Extn, Nangloi, New Delhi                                                                                                                                                           Complainant

VERSUS

Khan Enterprises, Plot No.18, GF Ram Nagar Colony, Kamruddin Nagar Ext., Nangloi,New Delhi-110041

 

Khan Enterprises, Shop No. 10, House No. 95, KH. No. 25/16, Shiv Ram Park, Near Extn MLA Office, Nangloi, New Delhi-110041                                                                   

                       

                                                                                                                        Opposite party                                                                                                                             

                                    ORDER

PUNEET LAMBA, MEMBER

                        Brief facts of the present complaint are that the complainant purchased one E-Rickshaw on 23.11.2016 from OP for sale consideration of Rs. 1,15,000/-. The OP told the complainant that after 15 days all complete documents regarding E-Rickshaw along with insurance copy will be given. The Op even after seven months failed to give relevant papers. Despite repeated reminders by complainant visiting personally but the Op on one pretext or another failed to give the documents, due to which complainant is unable to drive E-Rickshaw. Therefore, there is deficiency in service on the part of the OP due to which the complainant has suffered mentally and physically. The complainant is a poor man and is without any job sitting at home and is unable to support his family.  

                        Hence the present complaint for directions to OP to give all documents regarding E-Rikshaw and Rs. 50,000/- as compensation for mental pain, agony and harassment.

                        Notice of the complaint was sent to the Ops. But none put in appearance on their behalf. Therefore, they were proceeded ex-parte vide order dated 15.09.2017.

                        When the complainant was asked to tendered affidavit of evidence he filed evidence affidavit dated 03.01.2018 stating the facts of the complaint he relied on invoice no. INV/2016/17/08 dated 23.11.2016 and delivery challan 23.11.2016.

The controversy involved in the present complaint is that RC and insurance papers of E-Rickshaw as promised by OP are not given.

From the perusal of the invoice it revealed that the complainant purchased E-Rickshaw from OP for a sum of Rs. 1,11,300/- which includes price of E-Rickshaw complete with battery and charger for 1,00,000/-, excise duty Rs.6,000/- and Vat Rs. 5,300/-. However, the delivery challan show amount of Rs. 1,15,000/- that is Rs.3,700/- more than the invoice amount. Needless to say that Op took undue advantage of illiteracy of the complainant and by adopting unfair trade practice promising to give him on road documents of E-Rickshaw. Therefore, we have no reason to disbelieve the affidavit of complainant which is unrebutted and unchallenged.   

Here it is worthwhile to mention that the complainant is illiterate person and verbally he was mis-led by the OP by charging excess amount of Rs. 3,700/-. Therefore, we are of considered view that Op adopted unfair trade practice and deficiency in service on their part.

In light of above discussion and observations we direct the OP to give RC of E-Rickshaw along with the insurance policy to the complainant within 30 days from receipt of this order. We also award compensation of Rs. 2,000/- on account of mental agony, harassment and litigation expenses. 

Order pronounced on :-

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                              PRESIDENT