Haryana

Bhiwani

CC/249/2021

Rajbir - Complainant(s)

Versus

Master ji - Opp.Party(s)

m.p Saini

03 Oct 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    249 of 2021

                                                DATE OF INSTITUTION: -              17.12.2021

                                                            DATE OF ORDER: -                         03.10.2023

 

Rajbir aged 45 years son of Sh. Dhanpat, resident of H. No.312C, resident of village and post office Kaunt, Tehsil & District Bhiwani Mobile No.9255467103.

 

    ……………Complainant.

 

VERSUS

 

Master Ji and sons, near Phoola Devi School, Hanumandhani Chowk, Bhiwani, Tehsil & District Bhiwani- Haryana Pin 127021 through its Proprietor Pankaj.

 

………….. Opposite Party.

 

COMPLAINT U/S 12 & 13OF CONSUMER PROECTION ACT

 

 

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

Hon’ble Ms. Shashi Kiran Panwar, Member

 

 

Present:-      Sh. Madan Pal Saini, Advocate for complainant.

          OP exparte.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complaint are that he had purchased a E-Rickshaw against invoice No.2020-21/184 dated 17.12.2020 and GESTIN No.06ARZPP52052B125 for a sum of Rs.1,10,000/- with 12 months guarantee period of the battery fitted in the said E-rickshaw but the battery of the said E-rickshaw became out of order and defective within a period of 6 months.  The complainant visited several times either to get rectify the defect of the battery or to replace the same within guarantee period but the complainant was compelled to sit in the show room/company of the OP by giving false version and assurance to visit again tomorrow and thus several time was passed in this process and a result thereof the complainant had to suffer financial losses of income being earned from the said e-rickshaw.  After purchase of said e-rickshaw, the OP and its officials were requested to deliver the custody of registration certificate of the aforesaid e-rickshaw in favour of complainant but the same was not delivered despite repeated visits and requests.  It is further submitted that roof of the e-rickshaw seemed to be old which reveals that old e-rickshaw has been delivered to the complainant and thus it resulted in getting defective battery of the e-rickshaw within a one year guarantee period.  Despite several visits by the complainant, the respondent did not pay any attention and finally the OP asked the complainant to check the battery of e-rickshaw from Mittal Battery Bhiwani.  On the said direction of the OP, the complainant toed the e-rickshaw with the help of three wheelers and     brought it to the Mittal Battery Bhiwani who examined and checked the batteries of e-rickshaw and found that all the three battery fitted in the e-rickshaw are dead except 40% life of one battery.  It is further submitted that the complainant went next day to disclose the report of Mittal battery Bhiwani to the OP stating the above facts but in turn the respondent asked the complainant that Mittal Battery Bhiwani did not check properly and thus the complainant was directed to get checked the battery from Satish Electric, Naya Bazar, Bhiwani.  Thus the complainant took the e-rickshaw to Satish Electric, Bhiwani who examined/checked the batteries and he also given his report that both batteries fitted in e-rickshaw are totally dead whereas one battery is having 40% life and Om Battery who examined the battery through its expert and he also given the same report showing the battery dead.  The respondent has become malafide and he is deferring the matter as neither the batteries were replaced nor these are rectified. Due to this wrongful act and conduct of the OP  the complainant had to purchase another new batteries for Rs.39,000/- on dated 11.11.2021 from Mittal Battery house in cash payment.  Now by adopting illegal means, the OP  is adamant to lapse the guarantee period of the batteries so that the OP would succeed to say that warranty period of the batteries has expired and thus the OP is not able to do any process in this regard and further extort Rs.36,000/- on account of new batteries.    The complainant further alleged that due to the act and conduct of the respondent he has to suffer mental agony, physical harassment and financial losses.  Therefore, the complainant claimed a sum of Rs.39,000/- as costs of the batteries alongwith interest @ 18% per annum from the day of purchase of e-rickshaw till its realization besides losses of income @ 1000/- per day for 4 months to the tune of Rs.1,20,000/- and Rs.1,00,000/- compensation as the OP has committed gross negligence.   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 OP.  Hence he was proceeded against exparte vide order dated 19.06.2023.

3.                     To prove its complaint, the complainant has tendered in evidence affidavit Exhibit CW1/A and documents Ex. C-1 to Ex. C-9 and closed the evidence vide his separate statement dt. 02.08.2023.

4.                       We have heard the arguments of learned counsel for the complainant parties 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 on dated 17.12.2020 which was got defected within a period of 6 months and the E-Rickshaw had 12 months warranty which is clearly mentioned in the tax invoice Exhibit C-2.  On dated 22.10.2021 three batteries were declared dead and one battery is 40% life by Mittal Battery and Satish Electric Naya Bazar, Bhiwani.  The complainant purchased all batteries amounting to Rs.39,000/- on dated 11.11.2021, receipt of which is Exhibit C-4.  The complainant thus has suffered financial loss due to breakdown of the vehicle for 4 months.      

6.                     In view of the facts and circumstances of the complaint, we do hereby allowed the complaint and direct the Opposite party to pay the cost of batteries amounting to Rs.39,000/- (Rupees Thirty nine thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.17.12.2021 till its realization and shall also pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for harassment and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant. The OP is also directed to pay Rs.300/- per day for four months as loss of estate and loss of consortium.  Order shall be complied within one month from the date of decision.   

                        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:-      Sh. Madan Pal Saini, Advocate for complainant.

          OP exparte.

 

                    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.