BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                Consumer Complaint no. 332 of 2021                                                             

                                             Date of Institution:          06.12.2021

                                                Date of Decision   :     02.08.2022

Ajay Kumar son of Sh. Jaswant Rai, resident of Parmarth Colony, Begu Road, Sirsa, Tehsil and District Sirsa.

                     ……Complainant.

                                      Versus

QUITO E BIKES, Dabwali Road Sirsa, District Sirsa, through its Proprietor/ Partner/ Owner/ Manager/ Authorized Signatory.

                                                                                  ...…Opposite party.

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

Before:       SH.PADAM SINGH THAKUR ……………PRESIDENT

MRS. SUKHDEEP KAUR…………………MEMBER      

SH. SUNIL MOHAN TRIKHA……………..MEMBER

Present:       Complainant in person.

Opposite party already exparte.

ORDER

                   The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).

2.       In brief, the case of the complainant is that on 24.04.2021 complainant purchased one QUITO E-Plus bike from op for a consideration of Rs.42,000/- against invoice No.153 dated 24.4.2021. The vehicle was sold by op with a guarantee of one year and it was assured by op that in case there is any manufacturing defect, then op will replace the bike with a new one or complainant can take back the price of the bike in question. That there were several problems in that bike as there was starting problem in the bike, its shockers were not properly working and brake system was also defective and vehicle was noising whereas there is no noise in the electric bike. When complainant reported the matter to the op, then they replaced the bike with a new one and charged Rs.1000/- from him but again there were several defects in the new bike. When complainant got checked it through mechanic, then he found that there were so many manufacturing defect in the electric bike and again complainant visited the op but op neither replaced the bike nor repaired the same rather he threatened the complainant that in case he visited his shop then he will teach him a lesson and refused to do anything. Hence, the present complaint seeking direction to the op either to replace the bike with a new one or to make refund of the amount of Rs.42,000/- alongwith interest and also to pay compensation for harassment and to pay an amount of Rs.11,000/- as litigation expenses.   

3.       Notice of the complaint was issued to op through registered cover but op despite delivery of notice did not appear and therefore, op was proceeded against exparte.

4.       Complainant has tendered his affidavit Ex. CW1/A, copy of bill dated 24.04.2021 Ex.C1 and copy of adhar card Ex.C2.

5.       We have heard complainant and have perused the case file.

6.       Complainant contended that earlier his bike which was defective and was purchased on 24.04.2021 was replaced by op and now again there are same problems in the bike but op has refused to repair or replace his bike. Complainant further contended that again same problems were found in the second bike and prayed for acceptance of the complaint.

7.       No doubt, the pleading and evidence of complainant remained unrebutted on record but side by side it is not mentioned in the complaint that when his vehicle/ bike was replaced by op. Secondly it is also not mentioned in the complaint that when second bike started giving problems and more so there is no report of any expert mechanic or auto mobile engineer to the effect that there are manufacturing defects in the vehicle sold to complainant by the op and in absence of any report of auto mobile engineer that there is again manufacturing defect in the second bike of complainant, the complainant has failed to prove his case. More so, no guarantee/ warranty card has been placed on record by the complainant. In absence of any export report, present complaint is not maintainable and since op has already replaced the vehicle, therefore, present complaint is dismissed being without any cause of action. A copy of this order be supplied to the complainant free of costs. File be consigned to the record room.  

Announced:                   Member                Member                President

Dt. 02.08.2022.                                                   District Consumer Disputes

                                                                            Redressal Commission, Sirsa.