Haryana

Bhiwani

CC/242/2022

Sumit - Complainant(s)

Versus

Ram Battery - Opp.Party(s)

Ajay Singh

13 Sep 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    242 of 2022

                                                DATE OF INSTITUTION: -              16.12.2022

                                                            DATE OF ORDER: -                         13.09.2023

 

Sumit aged 33 years son of Shri Bharat Bhusan, resident of Patram Gate, Suglan Ki Dhani, Street No. 3, Tehsil and District Bhiwani.

 

    ……………Complainant.

 

VERSUS

 

Ram Battery and EV Motors, Alamal Gali, near Asharam Gate, Naya Bazar, Tehsil & District Bhiwani through Proprietor/authorized dealer Vikas Mittal.

 

………….. Opposite Party.

 

CONUMER COMPLAINT under CONSUMER PROECTION ACT, 2019

 

 

BEFORE:      Mrs. Saroj Bala Bohra, Presiding Member

Sh. D.M. Yadav, Member

 

 

Present:-      Sh. Ajay Singh, Advocate for complainant.

          OP exparte.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complainant are that the complainant had purchased a PC Electric Scooter Vintage Model (Vespa) Chassis No.SUP2020110100249 on dated 2.7.2021 amounting to Rs.71,177/- vide bill invoice no. 001 dated 2.7.2022 with 3 years full guarantee.  The respondent is the authorized dealer of the complainant and he assured the complainant that if any problem occurs in the battery of the said PC electric scooter during the 3 years, the OP will be bound to replace the battery of the said PC electric scooter and remove the defect, free of cost.  It is alleged that when the complainant started driving and using the above PC electric scooter, then in the month of February 2022 the battery in the above PC electric scooter stopped working and the complainant complained to the OP, on which the OP checked the battery in the said PC electric scooter of the complainant and found that the battery in the said electric scooter was down i.e. the battery gets drained and the battery does not work properly due to which the said PC electric scooter is not able to run.  Therefore, the complainant requested the OP to replace the defective battery installed in the said PC electric scooter.  Despite repeated visits to the complainant shop and repeated requests  to the complainant but to no avail.  The complainant served legal notice to the OP on dated 18.11.2022 but to no response.  The complainant further alleged that due to the act and conduct of the respondent he has to suffer mental agony, physical harassment and financial losses.  Therefore, the complaint is allowed alongwith expenses and to replace the said PC Electric scooter of defective battery with a new battery in PC electric scooter and claimed a sum of Rs.50,000/- as harassment and Rs. 11,000/- as litigation expenses.  Hence, it amounts to deficiency in service on the part of OP and as such, he has to file the present complaint.

2.                     No one has appeared on behalf of OP.  Hence he was proceeded against exparte vide order dated 24.03.2023.

3.                     To prove its complaint, the complainant has tendered in evidence affidavit Exhibit CW1/A and documents Ex.PA to Ex. PC and closed the evidence vide his separate statement dt. 16.06.2023.    

4.                     We have heard the arguments advanced by learned counsel for the complainant and gone through the material on record thoroughly and carefully.  The grievance of the complainant is that he had purchased a PC Electric Scooter Vintage Model (Vespa) Chassis No.SUP2020110100249 on dated 2.7.2021 amounting to Rs.71,177/- vide bill invoice no. 001 dated 2.7.2022 with 3 years full guarantee.  The respondent is the authorized dealer of the complainant and he assured the complainant that if any problem occurs in the battery of the said PC electric scooter during the 3 years, the OP will be bound to replace the battery of the said PC electric scooter and remove the defect, free of cost.  It is alleged that when the complainant started driving and using the above PC electric scooter, then in the month of February 2022 the battery in the above PC electric scooter stopped working and the complainant complained to the OP, on which the OP checked the battery in the said PC electric scooter of the complainant and found that the battery in the said electric scooter was down i.e. the battery gets drained and the battery did not work properly due to which the said PC electric scooter was not able to run.   The counsel for the complainant placed on record bill Exhibit PA, in which it is clearly mentions that the battery has one year guarantee and two year warranty. In our view, it was the duty of the OP to replace the battery with new one and that amounts to a grave deficiency in service on the part of OP.

5.                     With these observations and findings, the present complaint of the complainant is hereby allowed and direct the OP to replace all the batteries of PC electric scooter with new one and shall also pay  a sum of Rs.10,000/- (Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision.

                     Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 13.09.2023

 

 (D.M.Yadav)             (Saroj Bala Bohra)               

   Member.                 Presiding Member,

                                                District Consumer Disputes

                                               Redressal Commission, Bhiwani.

 

 

 

 

Present:-      Sh. Ajay Singh, Advocate for complainant.

         OP exparte.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:13.09.2023         Member.                    Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.