Punjab

Rupnagar

CC/22/52

Pinky Devi - Complainant(s)

Versus

Rana E motors - Opp.Party(s)

17 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR

 

                                                                   Consumer Complaint No.52 of 2022

                                                                   Date of Decision:  17.03.2023

 

Pinky Devi daughter of Hem Singh, resident of Village Bassowal, tehsil Anandpur Sahib, District Rupnagar  

                                                                                      …..Complainant

                                                 Versus

Rana E Motors Nangal Road, Village Majra Near Yes Bank, Now shop shifted to Nurpur Bedi Road Near Railway Fatak Agampur, Shri Anandpur Sahib, District Rupnagar through its Manager.  

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

 

                   KULJIT SINGH, PRESIDENT

                   RAMESH KUMAR GUPTA, MEMBER

 

ARGUED BY:

 

For complainant:            Ramesh Kumar Kaushal, Advocate

For OP:                          Sh. Rajiv Kumar Rana, Advocate  

         

 ORDER

PER KULJIT SINGH, PRESIDENT

 

1. The present complaint has been filed by the complainant on the averments that the complainant had purchased electric scooter motionman bearing Ch No.1902163 and motor No.1902206143 colour blue from OP on 28.02.2021 for a sum of Rs.55,545/-. In the month of April, 2021 there is a problem in the battery of the scooter in question and complainant approached the OP and OP promised with him for repair the same. After passing the time of one week, the complainant approached the OP and demanded the scooter in question and OP delivered the same and after that on 9.11.2021, there is battery problem again in the scooter and complainant again approached the OP and OP took the custody of the vehicle on 9.11.2021 and OP promised to him to delivered the said scooter after installing the new battery. Thereafter, the complainant approached many times to the OP but the OP return with new excuse. The complainant approached and requested the OP many times but till today the OP never handed over the said scooter to the complainant and said scooter is in the custody of the OP. Due to this act and conduct of the OPs, the complainant has suffered mental, physical and monetary loss.
2. Upon notice, Ops No.1 to 3 have appeared and filed written reply and contested the complaint of the complainant by raising preliminary objections; that the present complaint is not maintainable; that the complainant not approached with this Hon’ble Commission with clean hands; that the complainant has suppressed the material facts from this Hon’ble Commission; that there is no deficiency in service on the part of the OP; that the complainant has filed this complaint just to harass and humiliate the OP. On merits, it is stated that when the complainant approached to the OP for the purchase of the electric scooter then the OP and his officials clearly told him that no gurantee or warranty was given by the OP to him of any electrical parts of the scooter in question and his officials also informed him that in case the complainant wanted to purchase the scooter in question then she has to purchase the same at her own risk and if any defect will occurred in the scooter in question in future, then the same will be rectified with costs as there was no warranty or guaranty is provided by the complainant. After taking all the said information, the complainant had become ready to purchase the same. But after the purchase of the scooter in question when some defect has been occurred in the said scooter, then the complainant took the scooter to the OP and she started compelling the OP to rectify the said defect without any cost and when the OP again told him that they have already informed the complainant before purchasing the said scooter that the company is not giving any guaranty or warranty. When the complainant come to the answering OP for repairing the scooter in question and officials refused to repair the same without any cost then complainant started misbehaving with the OP and its officials and she forcibly and illegally left the scooter in the premises of the OP and thereafter she did not turned up to take back her scooter and since then the said scooter is lying standing in the premises of the OP whereas the OP is not liable to rectify any defect free of cost as the company is not providing any guarantee or warranty or any part of the scooter in question. So, there is no deficiency in service on the part of the answering OP. OP prayed that complaint is without any merits and deserves to be dismissed with cost.
3.  In order to prove the case, the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C5 and closed the evidence. On the other hand, proprietor of OP has tendered affidavit Ex.RW1/A along with documents warranty card Ex.R/1 and closed the evidence.
4. We have heard the learned counsel for the parties and have gone through the complaint file along with documents very minutely.
5. After perusing case file, it reveals that very small issue involved in the present complaint. The complainant had purchased the electric scooter from the OP and after purchasing there was defect in the battery of the scooter in question. In its reply, one thing is stated by the OP that at the time of purchasing the scooter in question the complainant gave consent on the point that no warranty/guaranty was given by the company and even knowing this thing the complainant had become ready to purchase the scooter in question. In this complaint, interesting thing is that on the one hand, in its reply the OP denied that no warranty/guaranty was given by the complainant but on the other hand, he placed on record the warranty card how can this be?. So, the pleadings taken by the OP is doubtful.      
6. In view of our above discussion, we feel that the complainant has failed to prove his case but in the interest of natural justice, the OP is directed to hand over the vehicle to the complainant after servicing of the vehicle and replacement of the battery and the case is disposed of accordingly. Free certified copies be sent to the parties, as per rules. The file be indexed & consigned to the record room.

                              

  

 

                                          (Ramesh Kumar Gupta)                                                             (Kuljit Singh)

                                                    Member                                                                             President