DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI.
No. DF / Central/ 2015
ConsumerComplaint No | : | CC 102/2013 |
Date of Institution | : | |
| | | |
Avdesh Sharma
35/216, Himmatpuri,
Delhi-110091
..........Complainant
Versus
Madan Cycle Store
109-AB Cycle Market,
Jhandewalan, New Delhi-110055
..........Respondent/OP
BEFORE
SH. RAKESH KAPOOR, PRESIDENT
SH. S. N. SHUKLA, MEMBER
ORDER
Per Sh. RakeshKapoor, President
It is alleged by the complainant that on 15.11.2012 , he had purchased a bicycle make “Arpan” from the OP and had paid a sum of Rs. 3300/- in cash. He has alleged that the accessories fitted in the cycle were not that of make Arpan and had approached OP in this regard. The OP had refused to listen to his grievance and redress it. Hence, the complaint.
The OP has contested the complaint and has filed a written statement. It has taken preliminary objections which are reproduced as under:-
- The present complaint of the complainant is totally false, frivolous , malicious and concocted one. As a matter of fact the complainant was acquainted with the counsel of the respondent and worked in his residence as carpenter.
- That once the complainant had requested the counsel of the respondent for recommended him to purchase the cule from the shop of the respondent as the respondent is a close relation of the counsel of the respondent.
- That on account of the relationship, the counsel of the respondent recommended the respondent to sell him cycle on credit basis. The complainant asked for quotation accordingly the quotation was given to the complainant. The cost of the cycle was Rs. 2800/- and the cost of the accessories provided to the complainant was Rs. 500/- thus total amount of Rs. 3300/- was due from the complainant.
- That the complainant took this quotation on the visiting card of the shop of the respondent. After few days the complainant approached the respondent and give reference of the counsel of the respondent, therefore , the cycle was fitted with all accessories and was handed over to the complainant. After taking delivery of the cycle the complainant miserably failed to make payment of the cycle to the respondent. So the respondent told this fact to his relative i.e. counsel of the respondent but no payment was received from the complainant. The amount of Rs. 3300/- still due from the complainant to the respondent.
OP has contested the complaint on merits and has reiterated that the complainant had failed to pay the cost of the cycle and that the complaint is false and frivolous. It has prayed that the complaint is liable to be dismissed and has prayed accordingly.
We have heard arguments advanced at the bar and have perused the record.
At the outset it may be stated that the complaints filed before us are decided in a summary manner on the basis of the affidavits / documents placed on record by the parties. In cases where questions of facts are required to be determined after leading evidence and cross examination of the witnesses, this forum is not the proper forum and the parties have to approach a civil court or any other appropriate forum for the adjudication of the matter. The present one is such a case where the allegations made by the complainant have been completely denied by the OP. The evidence by means of the affidavit of the complainant is refuted to by the OP in its affidavit. We, therefore, are inclined to hold that the present matter cannot be adjudicated by this forum in its summary mode of trial. With these observations , the present complaint is ordered to be dismissed.
File be consigned to record room.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced on.....................
(S N SHUKLA) (RAKESH KAPOOR)
MEMBER PRESIDENT
