CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.112/2019
TARUN YADAV
R/O RZ-16, SYED NANGLOI,
OPPOSITE LIC COLONY,
PASCHIM VIHAR, WEST DELHI,
DELHI - 110087 …..COMPLAINANT
Vs.
- M/S CONCORDE MOTORS
THROUGH ITS AUTHORIZED REPRESENTATIVE
CORRESPONDING OFF: B1/F8, GROUND FLOOR,
MOHAN COOPERATIVE INDUSTRIAL ESTATE,
MATHURA ROAD, NEW DELHI – 110044.
- M/S TATA MOTORS LTD.
REGIONAL OFFICE
JANPATH, CONNAUGHT PLACE,
NEW DELHI 110001 . …..RESPONDENTS
Date of Institution-28/05/2019
Date of Order- 09/02/2023
O R D E R
RAJ KUMAR CHAUHAN- President
- The complainant has filed the present complaint alleging that he has purchased a vehicle TATA Nexon XZ Plus from defendant No 1 Showroom, Mathura Road, bearing number DL3C CQ 4289 on 30.12.2018. It is alleged that the said car has some manufacturing defect which was noticed within 16 days of its purchase as it started engine noise and some other noise from the car cabin. The complainant approached OP1 in its showroom at Peeragarhi and was informed that the engine noise was nothing but a pipe which was knocking on the coolant tank. It is further alleged that the defect could not be cured despite opening of the entire brand new car and was reassembled again.
- The complainant has sent various e-mails regarding these manufacturing defect but no response was given by the OP. Hence, as the present complaint was instituted with the prayer to reimburse the amount of Rs. 11,52,632/- along with interest @15%p.a. pendent lite; or/ and to replace the vehicle i.e. TATA Nexon XZ + purchased by the complainant with new vehicle of same make and model; or/ and to compensate the complainant with compensation of Rs. 1,00,000/- for the mental agony, harassment and torture; or/ and to pass may other order which this Hon’ble Forum deem fit and proper in this complainant in the interest of justice.
- Notice was served upon the OP but none appeared despite service and matter was adjourned for complainant’s evidence. The complainant has failed to file any evidence despite several opportunities and stopped appearing since 20.02.2020.
- No one has come forward to argue the case on behalf of the complainant. We have perused the complaint and considered the material on record. It was primary duty of the complainant to substantiate the allegation in the complaint by filing evidence by way of affidavit. The complainant has chosen not to file the evidence by way of affidavit and did not substantiate the allegations made in the complaint.
- In the absence of any oral or documentary evidence led by the complainant to substantiate his claim in the present complaint, the complainant is not entitled to the claim therein. The complaint is accordingly dismissed.
- File be consigned to record room.
