Punjab

Ludhiana

CC/23/593

Vidya Sagar Jindal - Complainant(s)

Versus

Mushtaq Cycle Rickshaw works - Opp.Party(s)

Sachin Seth

19 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:  593 dated 18.12.2023.                                       Date of decision: 19.11.2024. 

 

Vidya Sagar Jindal son of Sh. Fakir Chand Jindal, resident of House No.612/9, Mohalla Idgah Road, Raikot, Distt. Ludhiana, Proprietor of M/s. Raikot Gas Agency, Idgah Road, Raikot, Distt. Ludhiana-141109 (M. No.94171-73959)                                                                                 ..…Complainant

                                                Versus

1. Mushtaq Cycle Rickshaw Works, New Bus Stand, Tehsil and Distt. Malerkotla through its Proprietor/Partner/Authorized Rerpesentative-148023.
2. M/s. Seth Industrial Corporation, 80-A, Industrial Estate, Ludhiana through its Proprietor/Partner/Authorized Rerpesentative-141003.                                                                                 …..Opposite parties 

Complaint Under Section 35 of Consumer Protection Act, 2019 (as amended up to date), holding the opposite parties negligent & deficient in service towards the complainant having indulged in restrictive & unfair trade practice under the purview of Consumers Protection Act, by not redressing his genuine grievance, directing the opposite parties to compensate the complainant to the tune of Rs.65,000/- along with interest at the rate of 18% per annum i.e. amount of E-Scooter & pay him Rs.3,00,000/- as compensation for causing mental agony, deprivation, humiliation, harassment to him + litigation expenses on the basis of oral & documentary evidence.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Sachin Seth, Advocate.

For OPs                          :         Exparte.

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that OP2 is the manufacturer of Neelam E-Scooter and OP1 is the authorized dealer of OP1 for trading and selling of E-Scooter so manufactured by OP2. The complainant purchased one E-Scooter Neelam EMIC, EV-101, Blue-Black FGEV202211163 from OP1 vide invoice No.183 dated 21.12.2022 for a total amount of Rs.65,000/- which the complainant paid through NEFT from his account with Punjab and Sind Bank. The complainant stated that he purchased the said E-Scooter for his personal use and for personal use of his family members. However, on the next morning of purchase of the scooter, it did not start despite making many efforts by the complainant. As such, the complainant approached OP1 and asked about starting problem in the said E-scooter with request to rectify the defect but OP1 failed to redress his grievance despite making several requests. Thereafter, the complainant approached OP2 with request to rectify the defect by repairing the E-scooter but OP2 also failed to redress his grievance. The complainant wrote many representations to the OPs but to no effect. The complainant further stated that he got checked the said E-scooter from other mechanic, then he came to know that the Electric Sector Controller of the said scooter was not in working condition. As such, the complainant got repaired the same from other dealer M/s. Dadu Motors, New Bus Stand Road, Ludhiana and paid Rs.3500/- vide invoice No.DM/23-24/443 dated 18.09.2023. But still the said E-scooter is not in working condition. The OPs have failed to redress the grievance of the complainant which amounts to deficiency in service and unfair trade practice due to which the complainant claimed to have suffered mentally and physically and he is entitled for compensation. In the end, the complainant has prayed for issuing directions to the OPs to refund Rs.65,000/- along with interest and to pay compensation of Rs.3,00,000/- besides litigation expenses etc. 

2.                Upon notice, none appeared on behalf of the OPs despite service and as such, the OPs were proceeded against exparte vide order dated 22.03.2024.

3.                In exparte evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents i.e. Ex. C1  is the copy of his Aadhar Card, Ex. C2 is the copy of invoice dated 21.12.2022, Ex. C3 is the copy of passbook of the complainant, Ex. C4 is the copy of Emails, Ex. C5 are the photographs/copies of photographs of the vehicle in question, Ex. C6 is the copy of invoice dated 18.09.2023 of Dadu Motors and closed the evidence.

4.                We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.

5.                From the allegations made in the complaint and the exparte evidence led in support thereof, which has gone unrebutted on the file, it is evident that vide invoice dated 21.12.2022 Ex. C2, the complainant purchased E-Scooter Neelam EMIC, EV-10 Blue, Black FGEV202211163 from its authorized dealer OP1 being manufactured by OP2. The complainant paid the invoice value of Rs.65,000/- through NEFT from his bank account with Punjab and Sind Bank as depicted in copy of passbook Ex. C3. However, on the very next day of its purchase, the scooter did not start and the complainant approached the OPs with request of rectification of the defect in the scooter but they did not adhere to the request of the complainant. The complainant sent several Emails (Ex. C4) to the OPs. Even, thereafter, the complainant had been approaching the OPs and registering his complaint and requesting them to rectify the defect in the vehicle by way of repairing the same but the OPs kept the matter pending on one pretext or the other. The core issue of rectification of defect in the E-scooter remained unresolved even though the OPs were under an obligation to replace the vehicle as the same was within the warranty period. Under the compelling circumstances, the complainant had to get the defect rectified from Dadu Motors and paid a sum of Rs.3500/- vide invoice dated 18.09.2023. But according to the complainant, the E-scooter did not work properly and he suffered problem in starting of the scooter. So the defect in the E-scooter is a manufacturing defect which the OPs failed to rectify despite the repeated visits and representatives by the complainant. The complainant was deprived of the full usage of E-scooter due to the act and conduct of the opposite parties. A person who had purchased a new product is not expected to visit again and again to get the defect removed. Despite the repair of E-scooter from Dadu Motors, the E-scooter had been giving problems and as such, the complainant has right to file the present complaint. Thereafter, the complainant requested the OPs to replace the product. The complainant repeatedly approached the OPs for replacement of the E-scooter. Even several E-mails Ex. C4 were also sent to the OPs but nothing favourable came from them.

7.                As a result of above discussion, the complaint is exparte partly allowed with an order that the complainant will hand over the E-scooter to OP1 within 15 days from the date of receipt of copy of this order and thereafter, the OPs are jointly and severally refund the invoice value of E-scooter of Rs.65,000/- to the complainant within 30 days from the date of receipt of E-scooter form the complainant. The OPs shall further pay a composite cost of Rs.5,000/- (Rupees Five Thousand only) to the complainant. Liability of the OPs shall be joint and several. Compliance of the order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:19.11.2024.

Gobind Ram.