Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 429.
Instituted on : 30.08.2019.
Decided on : 29.11.2019.
Tamana(minor) d/o Sh.Meer Singh resident of Basant Vihar, Ladhout Road, Gali No.1, Near Rajiv Gandhi Stadium, Rohtak through her father Sh.Meer Singh.
.......................Complainant.
Vs.
- M/s Okinawa Autotech Pvt. Ltd. Plot No.E-28., Richo Industrial Area, Khukhera, Teh. Tijara, Distt. Alwar-301707.
- M/s Viren Speedro Pvt. Ltd., 2654/4, Jind By Pass Chowk, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Opposite parties already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had purchased a scooty in the name of her daughter Tamana from the opposite party No.2 on 02.01.2019 for Rs.46500/-. The first free service was got done on 29.01.2019 and till now the services have been got done through the authorized dealer. On 27.08.2019, complainant left her scooty with the opposite party no.2 with the remark “Scooty not loading”. This clearly proves that the batteries of the vehicle were in full working condition. On 27.08.2019 when the complainant reached the dealer for delivery of scooty, she was told that all the five batteries have been blasted for no reason and she was asked to agree in writing for payment of these batteries alongwith cost of service for which, she refused as the batteries were in sound condition at the time of handing over of the vehicle on 23.08.2019. Hence this complaint and it is prayed that opposite parties may kindly be directed to repair/replace the scooty or to refund the price of scooty alongwith interest, compensation and litigation expenses as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite party No.2 received back duly served and notice sent to opposite party No. 1 through registered post also received back served as per consignment report. But none appeared on behalf of opposite party no.1 & 2 and as such opposite party No.2 vide order dated 11.09.2019 and opposite party No.1 vide order dated 05.11.2019 of this Forum were proceeded against exparte respectively.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and closed his evidence on dated 18.11.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that complainant had left her scooty with the opposite party No.2 on dated 23.08.2019 and as per job card Ex.C1 the “Scooty was not loading”. But when she approached the opposite party no.2 to collect the scooty, she was told that all the batteries have been blasted and she had to pay the cost of all the batteries which the complainant refused whereas at the time of handing over the scooty, the batteries in question were in working condition. Complainant also made a complaint Ex.C4 to the company regarding the said defect occurred due to the fault of opposite party No.2 but no action was taken by the opposite parties till date. It is also on record that opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding defect of batteries occurred in the possession of opposite party No.2 stands proved. Hence the opposite party No.2 is liable to remove the defect of scooty at its own costs.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party no.2 to replace the batteries in question without any charge from the complainant and to hand over the scooty in question to the complainant after removing all the defects of scooty, if any, within 15 days from the date of this order and also to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/- (Rupees five thousand only) as litigation expenses to the complainant, failing which opposite party No.2 shall be liable to pay interest @ 9% p.a. on the awarded amount from the date of decision till its realization to the complainant.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
29.11.2019.
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Nagender Singh Kadian, President
………………………………..
Renu Chaudhary, Member.
……………………………….
Tripti Pannu, Member
