Delhi

East Delhi

CC/538/2016

K.SENTHIL - Complainant(s)

Versus

SHESHTI AUTOMOBILE - Opp.Party(s)

21 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 538/16

 

Shri K. Senthil Murugan

S/o Shri Kuppuswamy Naidu

R/o 29/284, Trilokpuri

Delhi – 110 091                                                                              ….Complainant

Vs.

1. Srishti Automobiles

Shop No. 9, Hari Singh Market

Kotla Roadf, Kotla Village

Delh9i – 110 091

 

2. Y.C. Electrical Vehicle

Plot No. 8, Chaukhandi

New Delhi – 110 018

 

3. Trontek Batteries

B-228, Naraina Industrial Area Phase-I

New Delhi – 110 028                                                                          Opponents

 

Date of Institution: 05.10.2016

Judgment Reserved on: 21.02.2018

Judgment Passed on: 01.03.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            The present complaint has been filed by Shri K. Senthil Murugan against Srishti Automobiles (OP-1), Y.C. Electrical Vehicle (OP-2) and Trontek Batteries (OP-3) under Section 12 of the Consumer Protection Act 1986 alleging deficiency in services.   

2.         Briefly stated the facts of the complaint are that the complainant had purchased an e-rickshaw from Srishti Automobiles (OP-1) on 14.06.2016 vide invoice no. 922, receipt no. ER28704 for Rs. 1,01,892/- for earning his livelihood on assurance that OP-1 was the authorized dealer in East Delhi.  At the time of purchase, the complainant was assured about the mileage of battery operated rickshaw was 70-80 km with seating capacity of 5 persons.  Thus, relying on OP-1’s assurance the complainant purchased 4 batteries with serial no. Y16A0580, Y16A0252, Y16A1047 and Y16A1059 from OP-3– being the manufacturer of batteries which were stated to be under 6 months’ warranty from the date of purchase. 

            It has been stated by the complainant that an amount of Rs. 5,364/- were paid towards the insurance of the vehicle and an amount of Rs., 2,860/- was paid towards the Road Tax and Permit Smart Card fee to the Transport Department.  The vehicle was registered by Transport Department vide registration no. ER160009284 dated 20.06.2016. 

            It was further stated that within 15 days of purchase, the rickshaw started giving problems like improper working of break, light was not working and speedometer was not working properly.  Even after proper recharging for 8-10 hours, the rickshaw could run only upto 20 km.  The complainant visited the shop of OP-1, but defect was not attended and removed.  OP told that their service station was in Okhla, but on enquiry, it was found that it was only a godown and not a service station. 

            The complainant sent a notice to OPs which was neither replied nor complied with.  Hence, the complainant has prayed for direction to OPs to refund the amount paid i.e. Rs. 1,23,000/- with 18% interest from the date of purchase; Rs. 5,00,000/- as compensation on account of mental harassment; Rs. 50,000/- per month for the loss of income due to non-plying of e-rickshaw and Rs. 10,000/- as cost of complaint.             

            The complainant has annexed copy of warranty card of the batteries, true copy of invoice no. 922 and receipt no. ER28704, true copy of Insurance, Road Tax and Permit Smart Card fee receipt, copy of notice and tracking report showing receipt of envelope, insurance copy and photo of the shop of OP-1 alongwith the complaint.

3.         Notice of the present complaint was issued to OPs.  AR of OP-3 appeared, but did not file the written statement; However, they were proceeded ex-parte.  Notice to OP-2 given Dasti and OP-1 refused to accept the notice.  None have appeared on behalf of OP-1 and OP-2, hence they were also proceeded Ex-parte.

4.         The complainant has filed ex-parte evidence by way of affidavit where he has examined himself.  He has narrated the facts which have been stated in the complaint. 

5.         We have heard the submission on behalf of the complainant and have perused the material placed on record.  The complainant has filed retail invoice dated 14.06.2016 issued by OP-2 wherein price of Rs. 1,01,892/- is inclusive of cost of batteries manufactured by OP-3.  The complainant has alleged that there was problem in the performance of the e-rickshaw, the complainant had started facing problems with the e-rickshaw soon after purchase, as OP-1 and OP-2 are ex-parte and OP-3 chose not to file any reply, hence the allegations made against them have remained unrebutted. 

            Thus, we allow the present complaint and direct OPs to get the           e-rickshaw of the complainant repaired free of cost alongwith 6 months warranty within 30 days of the date of order.  OPs shall be jointly and severally liable to pay Rs. 15,000/- as compensation for mental agony and harassment, which includes the cost of litigation.    

            Copy of the order be supplied to both the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

            (SUKHDEV SINGH)

             President