Delhi

North East

CC/313/2016

SUSHIL KUMAR - Complainant(s)

Versus

THAKUR ENTERPRISES - Opp.Party(s)

22 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 313/16

 

In the matter of:

 

	Sushil Kumar S/o Lalu Ram R/o G-12/7, Gali No.7, Brahampuri, Delhi-110053.	Complainant
	Versus
1.	Thakur Enterprises V-69, Khasra No. 1434/1 Arvind Mohalla Ghonda, Main Road, Fateh Singh Marg, Delhi-110053.   Sakshi Enterprises House No. 204/1, Man Dharam Kanta Near Peer Baba, Sarai Peepal Thala, Delhi-110033	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

21.11.2016 17.05.2018 22.05.2018

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that he had purchased an E-Rickshaw bearing no. DL-1ER-9148 colored red and black Chassis                          No. 000479030 / M3YSA1AAMFD000042 and engine                               No. JSMYFD00000042 on 17.11.2015 from OP1 vide receipt                   No. 004, for an amount of Rs. 1,20,000/- out of which a payment of Rs. 40,000/- was made by the complainant to OP1 as advance and there were twelve EMI’s of Rs. 7,870/- out of which the complainant has paid six installments to OP1 who was the seller/financer of the said E-Rickshaw. It has been further reported by the complainant that the chassis of above E-Rickshaw had broken after 2 months and as such the complainant had made a complaint to the OP1 (company) and thereafter one engineer had come to inspect the E-Rickshaw but nothing was done by him and the complainant handed over the E-Rickshaw to service centre / OP2 on 10.07.2016 for repairs. But OP2 did not issue the receipt of deposit of the above E-Rickshaw and when the complainant went after words to OP2 to collect his E-Rickshaw he was told by OP2 that there was an expenditure of Rs. 9,000/- for which the complainant had to take approval in writing from OP1 for release of the said E-Rickshaw by OP2. The complainant went to OP1 which issued a letter dated 08.10.2016 stating that they are sending the complainant to OP2 to claim his E-Rickshaw bearing No. Dl -1ER- 9148 from OP2 alongwith payment of Rs. 9,000/- and the E-Rickshaw be released to complainant on receipt of payment. However, when the complainant again reached OP2 with the said letter dated 08.10.2016 issued by OP1 and stated that he is paying Rs. 9,000/- for the repair of the E-Rickshaw to OP2 and as such the E-Rickshaw should be handed over to him, the OP2 refused to handover the same to the complainant and due to which a loss of Rs. 800/- per day is being caused to the complainant as the E-Rickshaw his sole source of income for the maintenance of himself and his family and he is disturbed financially as well as mentally and therefore OP2 is liable to compensate him. Moreover, the complainant has stated that there is deficiency in service on the part of OP2 and therefore vide the present complaint, the complainant has prayed for issuance of directions that OP2 should handover the E-Rickshaw immediately to the complainant and it should also pay an amount of Rs. 800/- per day from 10.07.2016 onwards towards loss of livelihood earning. Besides the above, the complainant has prayed for compensation of Rs. 50,000/- from OP2 for mental and physical harassment and also directions for OP2 to pay an amount of Rs. 11,000/- as litigation charges to the complainant.

Complainant has annexed copy of letter dated 08.10.2016 issued by the OP1 to OP2, copy of receipt No. 004 dated 17.11.2015 for payment of Rs. 40,000/- by the complainant to OP1 towards purchase amount / advance of E-Rickshaw, copy of retail invoice bearing No. SE/ER-0002 dated 10.04.2016 towards the purchase of E-JS1000 E-Rickshaw with Battery and Charger for an amount of Rs. 1,20,000/- and a copy of RC bearing registration no. Dl 1ER 9148 in the name of the complainant.

2. Notice was issued to the OPs on 08.12.2016 for appearance before this Forum on 06.01.2017 but despite service effected on OP1 and OP2 on 16.12.2016 and 09.12.2016 respectively none appeared on behalf of the OPs and therefore vide order dated 06.02.2017 they were proceeded against ex-parte.
3. Ex –parte evidence by way of affidavit and written arguments were filed by the complainant on 25.05.2017 and 13.07.2017 respectively wherein the complainant has reiterated his grievance in the complaint. The complainant has also attached a copy of passbook highlighting the payment of EMI’s to OP1 from December 2015 to March 2015 as per transaction sheet and account ledger inquiry.
4. We have heard the oral arguments addressed by the complainant and had also gone through the documentary evidence submitted by him in support of his contentions.

On the basis of records, it is clear that the complainant had purchased the E-Rickshaw for an amount of Rs. 1,20,000/- from OP1-seller financer out of which Rs. 40,000/- was paid in advance and further he had paid some EMI’s to OP1 out of total twelve installments and thereafter his E-Rickshaw had got broken due to which he stopped / was unable to pay EMI’s to OP1 and had to incur Rs. 9,000/- towards the repairs of the same. However, the above E-Rickshaw was not handed over to him by OP2 despite payment offered by him towards the repair to OP2 and the OP2 is still in unlawful possession of the above E-Rickshaw. In the absence of any rebuttal by the OPs, the complainant has succeeded in establishing a case of deficiency in service and unfair trade practice on the part of OP2 and therefore we direct OP2 to handover the possession of the fully repaired E-Rickshaw to the complainant on receipt of Rs. 9,000/- by the complainant if not already in receipt thereof and also direct OP2 to pay an amount of Rs. 20,000/- as compensation for the mental and physical harassment as well as financial loss suffered by the complainant and also Rs. 5,000/- towards litigation expenses payable by OP2 to the complainant within a period of 30 days from the receipt of copy of this order, failing which an amount @ 9% p.a. interest shall also be payable on the awarded amount i.e. Rs. 25,000/- from the date of this order till the date of realization. Since no relief has been prayed for by the complainant against OP1, therefore not granted.

5.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on 22.05.2018

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member