District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 658/2022.
Date of Institution:12.12.2022.
Date of Order:.15.06.2023.
Surender Kumar S/o Shri Om Parkas R/o House No. 184, Village Bajri, P.O. Pali, District Faridabad, Haryana – 12004 aged about 58 years, having Aadhaar card No. 668304063292.
…….Complainant……..
Versus
1. NAV Durga Motors (Dealer), M-20/21, Fruit Garden Road, NH-5, NIT, Faridabad – 121001.
2. Motionman Electric Pvt. Ltd. (Service Center), 303A, DLF Center Point Building, Sector-11, Main Mathura Road, Faridabad – 121004.
3. Motionman Scooters Pvt. Ltd., (Manufacturer) Shed No. 1, Killa No. 16/1, Piyala – Dundsa Road, Village Dundsa, Tehsil and District Palwal – 121102, Haryana.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. A.K.Tyagi, counsel for the complainant.
Opposite party No.1 ex-parte v/o dated 02.06.2023.
Opposite parties Nos.2 & 3 ex-parte v/o dated 22.03.2023.
ORDER:
The facts in brief of the complaint are that the complainant Mr. Surender Kumar had purchased a Montionman Electric Scooter VZPA, Colour Black, vehicle identification NO. 200527 vide invoice No. 150 dated 21.01.2021, worth Rs.61,000/- from opposite party No.1 which was the manufactured by opposite party No3 with the warranty of 24 months on battery S.No.1059, capacity 60V 20AH under warranty card No. 728. At the time of purchasing of the above said electric scooter, the opposite party No.1 (dealer) had assured the complainant that scooter was the best one in its segment and the opposite party No.3 had provided the warranty on its products. On 01.09.2022 the scooter in question was suddenly stopped in the way when the complainant contacted to the opposite party No.1 then the opposite party No.1 told that there was a battery issued and asked the complainant to leave the battery to service center i.e. the opposite party NO.2 at address 303A, DLF Center point building, Sector-11, Main Mathura Road, Faridabad. On 01.09.2022 the complainant handed over the said battery to the opposite party No2 in its service centre i.e. 303A, DLF Center Point Building, Sector-11, Main Mathura Road, Faridabad-121004. Thereafter the complainant contacted the opposite parties several times for the replacement of above said battery as the battery was in under warranty period. But since dated 01.09.2022 to till despite several requests of the complainant, the opposite parties avoided the matter from one pretext or the other and finally refused to replace the battery which was in under warranty period. The complainant sent legal notice dated 09.11.2022 to the opposite party through registered post but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) replace the battery of above said Motionman electric scooter VZPA identification No. 200527 battery Sr. No. 1059, capacity 60V 20AH under warranty card No. 728 with new to the complainant immediately.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs.5500 /-as litigation expenses.
2. Registered notice issued to opposite party No.2 on 09.05.2023 not received back either served or unserved. Case called several times since morning but none had appeared on behalf of opposite party No.1. Therefore, opposite party No.1 was hereby proceeded against exparte vide order dated 02.06.2023.
3. Registered notice issued to opposite No.2 on 18.02.2023 received back with the report of refusal. Registered notice issued to opposite party No.3 on 18.02.2023 not received back either served or unserved. Case called several times since morning but none had appeared on behalf of opposite parties Nos.2 & 3. Therefore, opposite parties Nos.2 & 3 was hereby proceeded against ex-parte vide order dated 22.03.2023.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the complainant and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–Nav Durga Motors with the prayer to: a) replace the battery of above said Motionman electric scooter VZPA identification No. 200527 battery Sr. No. 1059, capacity 60V 20AH under warranty card No. 728 with new to the complainant immediately. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs.5500 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Annexure C-1 – tax invoice, Anxn.C2 – Tax invoice,, Annx.C-3 – warranty card, Ex.C4 – legal notice,, Annx.C5 – legal notice,, Annx.C-6 – legal notice, Annx.C-7 to 9 – postal receipts.
7. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 to 3 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 to 3 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 &to 3
8. Opposite parties Nos.1 to 3 jointly & severally, are directed to replace the battery of the above said Motionman electric scooter VZPA in question with the same model to the complainant. Opposite parties Nos.1 to 3 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 15.06.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
