DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no. -    562 /2014

                                                                                                  Date of Institution            21/06/2014

                                                                                                  Order Reserved on              09/09/2016

                                                                                                  Date of Order         -           10/09/2016  

In matter of

Mr. Anil Kumar, adult   

R/o -384, Gali no. 15,

East azad Nagar, Delhi 110051…….……....………..…………….Complainants

                                                                         Vs

Mr Sarabjeet Singh

Prop. ESS AAy Venture,

C-57, Preet Vihar,  

Vikas Marg, Delhi 110092………………………………………….…….Respondent

Complainant’s Advocate-Mr Abdul Gaffar

Opponent-Ex Parte   

Quorum  -     Sh Sukhdev Singh-  President

                         Dr P N Tiwari -            Member                                                                                                   

                         Mrs Harpreet Kaur-   Member

Order by Dr P N Tiwari, Member 

Brief Facts of the case   

Complainant purchased four E bike batteries for a sum of Rs 7300 on 11/07/2011 vide invoice no. 870. After about one year use, the said batteries were not functioning properly, so he took the batteries to OP who told that complainant’s charger may be defective, so he brought a new charger and left the batteries with charger at OP shop. OP promised to return the batteries after 15-20 days. After depositing the batteries, OP gave an acknowledgement for receiving of batteries

after some time.

Complainant did not get his batteries and charger from OP, so he sent a police complaint against OP on 16/08/2012 through speed post. When he did not get any response from Police, filed this complaint and prayed for OP’s appearance with replacement of batteries. He also claimed for a compensation of a sum of Rs 50,000/-.

After perusal of complaint, notice was served, but OP did not put up his appearance nor submitted his written version or any evidence. Number of opportunities were given for his appearance, when he failed to appear, case was proceeded Ex Parte. Complainant filed his Ex Parte evidence on affidavit which was on record. Arguments were heard and order was reserved.

We perused all the facts and evidences. This was clear from evidence that four batteries were purchased from OP, but there was no evidence of warranty for batteries. Acknowledgment dated 20/06/2012 vide no. 097 was for battery repair.

There was no evidence on record to prove that all four batteries were not functioning well. Only one battery problem was shown. There was no fact or evidence submitted by complainant for requirement of four batteries. Also there was no evidence to show that complainant ever approached OP after receiving acknowledgement dated 20/06/2012 to the date of filing this complaint in two years.

We come to conclusion that complainant has failed to prove deficiency of OP and unfair trade practice adopted by OP.

Hence, this complaint deserve to be dismissed, so dismissed without  cost.

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

Mrs -Harpreet Kaur- Member                                             (Dr) P N Tiwari - Member                                                      

                                          Shri Sukhdev Singh - President