Satish Kumar filed a consumer case on 27 Nov 2018 against RNB Overseas in the Kurukshetra Consumer Court. The case no is 194/2018 and the judgment uploaded on 27 Nov 2018.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.
Complaint Case No.194 of 2018.
Date of instt.:11.09.2018.
Date of Decision:27.11.2018
Satish Kumar son of Sh. Om Parkash, resident of Village Amin, Tehsil Thanesar, Distt. Kurukshetra, mobile No.94660 63198 and 81682 51506
……….Complainant. Versus
..………OPs.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before Smt. Neelam Kashyap, President.
Ms. Neelam, Member.
Sh. Sunil Mohan Trikha, Member.
Present : Complainant in person.
OPs already exparte.
ORDER
This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Satish Kumar against PNB Overseas and others, the opposite parties.
2. Brief facts of the present complaint are that the complainant purchased an e-rickshaw bearing model RF-100 and chassis No.M58BACB02R18K0074 for a sum of Rs.1,20,000/- from the Op No.1 vide invoice No.55 dt. 22.03.2018. It is alleged that just after two months of its purchase, the said e-rickshaw became defective with the problems in motor, handle, meter, wiring, battery, chassis and tyres etc. It is alleged that the complainant approached the Ops regarding defective e-rickshaw but despite repair of said e-rickshaw several times and replacement of batteries six times and charger seven times, the defects were not removed from the said e-rickshaw. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the defective e-rickshaw with the new one or to refund the cost of e-rickshaw amounting to Rs.1,20,000/- and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as as litigation charges.
3. Upon notice, the Ops did not appear and opted to proceed against exparte vide order dt. 23.10.2018.
4. We have heard the complainant in person and perused the case file carefully and minutely.
5. From the cash memo, it is clear that the complainant purchased the e-rickshaw in question from the Op No.1 for a sum of Rs.1,20,000/-. The grievance of the complainant is that just after two months of its purchase, the said e-rickshaw became defective with the several defects such as motor, handle, meter, wiring, battery, chassis and tyres etc. Despite repair of said e-rickshaw several times including replacement of batteries six times and charger seven times, the above-said defects were not removed from the said e-rickshaw. The complainant has supported his versions in the affidavit so set out by him in the complaint. Whereas, on the other hand, the Ops did not appear and opted to proceed against exparte. So, there is no rebuttal on the part of Ops. In view of the same, we find that the complaint filed by the complainant is as genuine and the Ops are deficient while rendering services to the complainant.
6. Thus, as a sequel of above discussion, we allow the complaint exparte and direct the Ops to replace the defective e-rickshaw with the new one of the same value and further to pay Rs.5,000/- as lump sum compensation on account of harassment, mental agony and litigation charges. The complainant is directed to deposit the defective e-rickshaw alongwith accessories in the service-centre of Ops. However, it is made clear that if the same e-rickshaw as purchased by the complainant from the Ops is not available with the Ops, then they will refund the purchased amount of e-rickshaw to the complainant. All the Ops are jointly and severally liable. Let the order be complied with within 30 days from the date of preparation of copy of this order. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
Dt.:27.11.2018.
(Neelam Kashyap)
President.
(Sunil Mohan Trikha), (Neelam)
Member Member.
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