DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.92 of 16
DATE OF INSTITUTION: - 05.05.2016
DATE OF ORDER: -10.08.2016
Rajesh Kumar son of Sh. Nathu Ram, resident of VPO Nathuwas, Tehsil and District Bhiwani.
……………Complainant.
VERSUS
- Rai Tele Services, Near Paluwas Mor, Opp. Sanjeet Filling Statio, Rohtak Road, Bhiwani-127021 (Haryana) (Authoized dealer of Ele Motors).
- ELE Best Way Agencies Pvt. Ltd., Plot No. 1530-31, MIC, Part-B, Bahadurgarh, District Jhajjar, Haryana. (Manufacturer of Ele Motors).
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Complainant in person.
Ops are exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that he had purchased a vehicle Ele-riksha bestway (Pink) from OP no. 1 for a sum of Rs. 1,12,000/- vide bill no. 003 dated 10.11.2015. It is alleged that OP no. 1 assured him that if any manufacturing defect will occur in the vehicle in that event defective vehicle will be subject to replacement. It is alleged that the vehicle was having manufacturing defect from the date of its purchase as battery of the vehicle is not working properly and all parts of the vehicle having manufacturing defect. It is alleged that he made several complaints for replacing the vehicle but they had not paid any heed. It is alleged that he obtained loan for purchase the above said vehicle from Vijya Bank, Bhiwani and due to manufacturing defect of the vehicle, he is unable to deposit the installment of the vehicle. The complainant further alleged that due to the act and conduct of the Ops he has to suffer harassment, mental agony and humiliation etc. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation and cost of the vehicle.
2. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 04.07.2016.
3. We have heard the complainant in person and perused the record carefully.
4. Complainant in person reiterated the contents of the complaint. He submitted that he had taken the loan from Vijya Bank, for the purchase of the Ele-riksha in question, from Ops. He submitted that Ele-riksha is having manufacturing defect, since its purchase the battery and charger of the vehicle is not working properly. The chasis of the vehicle is very delicate and unable to sustain the weight of passengers. The chasis of the vehicle has been broken from various places. The complainant made representation to the Ops to replace the vehicle but the Ops did not pay any heed to his request. He submitted that he purchased the vehicle in question to earn his livelihood.
5. We have perused the material on record. The complainant has produced the photo copy of bill no. 003 dated 10.11.2015 Annexure C-1 issued by OP no. 1 in favour of the complainant for a sum of Rs. 1,12,000/- being the cost of the vehicle in question, insurance cover Annexure C-5, registration certificate Annexure C-7. The complainant has also produced the photographs of the vehicle in question Annexure C-8 to Annexure C-19 to show the broken chasis etc. of the vehicle. The vehicle in question was purchased by the complainant on 10.11.2015. The present complaint has been filed by him on 05.05.2016. The OP no. 2 is manufacturer of the vehicle in question. Both the Ops did not bother to appear and contest the claim of the complainant. The pleadings and contention of the complainant the prima facie seem to be tenable in the absence of any rebuttal on behalf of the Ops. Taking into account every aspect of the case, we allow the complaint of the complainant and direct the Ops to refund Rs. 1 lakh to the complainant and also to pay Rs. 5,000/- as compensation to the complainant. The OP no. 1 shall be liable to pay Rs. 20,000/- out of the award amount of Rs. 1 lakh to the complainant, the remaining amount of Rs. 80,000/- and Rs. 5,000/- shall be payable by OP no. 2 to the complainant. This order be complied with by the Ops within 30 days from the date of passing of this order, otherwise the Ops shall be liable to pay the interest @ 9 per cent per annum from the date of passing of this order till the date of payment on the award amount to the complainant. The complainant is directed to handover the vehicle in question to the Ops. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 10.08.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member Member
