Haryana

Kaithal

CC/33/2023

Satender Singh - Complainant(s)

Versus

M/s Shri Ganesh E- Vehicle - Opp.Party(s)

Sh. H.S. Nain

11 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.33/2023.

                                                 Date of institution: 02.02.2023.

                                                 Date of decision:11.07.2023.

 

Satender Singh son of Satyawan aged 36 years, resident of Village Deoban, Tehsil and  District Kaithal.

 

                                                                        …Complainant.

                        Versus

M/s. Shri Ganesh E-Vehicle through its owner Rohit, resident of Cheeka Bye Pass, Kaithal, Tehsil and Distt. Kaithal. 

….OP.

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. H.S.Nain, Advocate, for the complainant.   

                OP exparte.

               

ORDER

SUNIL MOHAN TRIKHA, MEMBER

        Satender Singh-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OP.  

2.                In nutshell, the facts of present case are that the complainant had purchased E-Vehicle bearing Chassis No.216072SL0137 and Battery No.K216+65 marka Ruby for the sum of Rs.48,000/- from the OP vide invoice No.793 dt. 25.11.2021.  The batteries had developed some defect and the scooty stopped functioning.  The case of complainant is that on 01.09.2022 the complainant went to the OP for repair of the scooty, but the OP did not repair the scooty and misbehaved with the complainant.  The complainant gave an application to S.H.O., P.S.City Kaithal on 03.09.2022 against the OP but the police did not take any action against the OP.  The complainant also gave an application to Chief Minister, Haryana Govt. on 22.12.2022 vide complaint No.CMOFF/N/2022/140118.  The complainant has got a report from the mechanic on 20.11.2022 that the scooty was found non-workable due to defect in the battery and the battery was beyond repairable.  The complainant requested the OP to repair the defective battery but the OP did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of OP and prayed for acceptance of complaint.   

3.             Upon notice, the OP did not appear and opted to proceed against exparte vide order dt.21.03.2022 of this commission.

4.             The complainant tendered in evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C5 and thereafter, closed the evidence.     

5.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

6.             Ld. counsel for the complainant has argued that the complainant had purchased E-Vehicle bearing Chassis No.216072SL0137 and Battery No.K216+65 marka Ruby for the sum of Rs.48,000/- from the OP vide invoice No.793 dt. 25.11.2021.  It is further argued that the batteries had developed some defect and the scooty stopped functioning.  It is further argued that on 01.09.2022 the complainant went to the OP for repair of the scooty, but the OP did not repair the scooty and misbehaved with the complainant.  The complainant gave an application to S.H.O., P.S.City Kaithal on 03.09.2022 against the OP but the police did not take any action against the OP.  The complainant also gave an application to Chief Minister, Haryana Govt. on 22.12.2022 vide complaint No.CMOFF/N/2022/140118.  The complainant has got a report from the mechanic on 20.11.2022 that the scooty was found non-workable due to defect in the battery and the battery was beyond repairable.  The complainant requested the OP to repair the defective battery but the OP did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of OP. 

7.             The complainant has supported his versions by filing affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C5.  Annexure-C1 is the bill from which it is clear that the complainant purchased the E-Vehicle in question from the OP No.1 on 25.11.2021.  Annexure-C2 is the application written by complainant to S.H.O., P.S. City Kaithal.  Annexure-C4 is the complaint made by complainant to Chief Minister, Haryana Govt.  Annexure-C5 is the report of mechanic, wherein the mechanic has made report that five batteries in scooty are defective and not repairable and the name of his shop is “Sharma Repairing Battery”.  The complainant has testified all the contents in the affidavit so set out by him in the complaint.  Whereas, OP is also proceeded against exparte as they did not appear in the court even one time.  So, the evidence produced by the complainant goes unrebutted and unchallenged against the OP. 

8.             Thus, as a sequel of above discussion, the present complaint is accepted with cost.  The OP is directed to replace the five defective batteries of the E-Vehicle in question.  The OP is further directed to pay Rs.3,000/- as compensation on account of physical harassment and mental agony as-well-as Rs.3,000/- as litigation charges to the complainant.     

9.             In default of compliance of this order, proceedings against respondent-OP shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dt.:11.07.2023.

                                                                (Neelam Kashyap)

                                                                President.

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.    

 

Typed by: Sanjay Kumar, S.G.