Haryana

Bhiwani

CC/15/2022

Kalyan Singh - Complainant(s)

Versus

Master Ji - Opp.Party(s)

Krishna Chauhan

03 Oct 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    15 of 2022

                                                DATE OF INSTITUTION: -              21.01.2022

                                                            DATE OF ORDER: -                         03.10.2023

 

Kalyan Singh son of Sh. Matu Singh, resident of Hanuman Gate, Pipli Wali Johri, Tehsil & District Bhiwani.

 

    ……………Complainant.

 

VERSUS

 

1. Master Ji and sons, near Phula Devi School, Hanuman Dhani Chowk, Bhiwani, Tehsil & District Bhiwani, through its Proprietor Pankaj, Mobile No. 9068199090.

 

2. Microtek International Private Limited, H-57, Udyog Nagar, Main Rohtak Road, New Delhi-110041, through its authorized signatory.

 

………….. Opposite Party.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member

Hon’ble Ms. Shashi Kiran Panwar, Member

 

 

Present:-       Mrs. Krishna Chauhan, Advocate for complainant.

          OPs already exparte vide order dated 13.06.2022.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complainant are that on dated 22.02.2021 the complainant had purchased a E-Rickshaw bearing registration no. HR-61D-3867 from the agency of OP no. 1 with one year guarantee but after some days E-Richshaw started showing some problem i.e. battery backup.  The complainant reported the OP no. 1 and told all the problem of battery of the abovesaid vehicle and the complainant moved an application to OPs.  The complainant parked his E-Rickshaw in the agency of OP no. 1 from 20.10.2021 to 22.11.2021, the engineer of OP no. 1 assured that the vehicle of complainant is prepared and handed over to the complainant.  But after plying the vehicle on road the complainant noticed that E-rickshaw not repaired by the OP no. 1 and again giving same problem.  The complainant asked many a time to rectify the problem of battery of E-Rickshaw but nothing  was done by the OPs and also refused to handover the E-Rickshaw to the complainant.  The complainant served a legal notice dated 1.12.2021 through his counsel but despite receiving the same no further action has been taken by the OPs.  It is further alleged that on dated 5.1.2022 at about 10.41 am the complainant received a telephonic call of Anil and he told to deposit the installment of E-Rickshaw, the complainant told that E-Rickshaw is parked in the agency of OP no. 1, when bank employee connected the call of complainant in conference with OP no. 1, the OP no. 1 refused that vehicle of complainant not in the possession of OP no. 1.  The complainant further alleged that due to the act and conduct of the respondents he has to suffer mental agony, physical harassment and financial losses.  Therefore, the complainant prayed that the complainant may kindly be allowed and the OPs may kindly be directed to pay:-

(a)        OPs are directed to repair or change the battery of vehicle/E-rickshaw of complainant and handed over to the complainant.

(b)       To pay Rs.1,00,000/- as compensation on account of mental agony and harassment suffered by the complainant due to deficient services of the OPs.

                        Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.

2.                     No  one has appeared on behalf of OPs.  Hence he was proceeded against exparte vide order dated 13.06.2023.

3.                     To prove its complaint, the complainant has tendered in exparte evidence affidavit Exhibit CW1/A and documents Annexure C-1 to Annexure C-7 and closed the evidence vide his separate statement dt. 19.05.2023.

 

4.                       We have heard the arguments of learned counsel for the complainant  and gone through the entire evidence placed on record by the complainant carefully and minutely.

5.                     After considering the entire facts, the Commission has come to this conclusion that the complainant had purchased a E-Rickshaw from OP no. 1 on dated 22.02.2021 amounting to Rs.1,10,000/- with one year guarantee which is Annexure C-4 but within six months the E-Richshaw developed a fault i.e. battery back up while going on the road but the OP no. 1 not repaired the same.  The complainant went back to the OP no. 1 and the OP no. 1 kept the E-rickshaw with him.  The counsel for complainant placed on record terms and conditions of warranty Annexure C-4 which proves that the E-richsahw is within warranty period.  The complainant placed on record the NOC of the Bank.  The complainant thus has suffered financial loss due to breakdown of the vehicle.      

6.                     In view of the facts and circumstances of the complaint, we do hereby allowed the complaint and direct the Opposite party no. 1 to replace the old battery of the complainant’s E-richshaw and hand over the E-richshaw to the complainant.  The complainant shall also pay a sum of Rs.50,000/- (Rupees Fifty thousand only) as compensation for harassment and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision, otherwise the  OP no.1 is directed to pay Rs.200/- per day.

                        Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 03.10.2023

 

 (Shashi Kiran Panwar)           (Saroj Bala Bohra)                

   Member.                             Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.

 

Present:-       Mrs. Krishna Chauhan, Advocate for complainant.

          OPs already exparte vide order dated 13.06.2022.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:03.10.2023         Member.                    Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.