BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.94 of 2024

      Date of Instt. 12.03.2024

                Date of Decision: 30.07.2024

Manjeet Kumar aged about 38 years son of Shri Badloo Ram Resident of Village, Saifabaad, P. O. Thenag Phillaur, Tehsil Phillaur, Distt. Jalandhar, Punjab PIN Code 114410.

..........Complainant

Versus

1.       The Authorized Signatory/Managing Director/Manager/Proprietor. Dial E Vahan Pvt. Ltd. Agroha, Adampur Road, Hisar, Haryana-125047. Email:dialvahan@gmail.com M-9812747361

2.       The Authorized Signatory/Managing Director/Manager/Proprietor. UP Money Limited Office: 13 & 23, Nehru Sidhant Kendra, Feroze Gandhi Market, Ludhiana-141001.

3.       The Authorized Signatory/Managing Director/Manager/Proprietor. M/s Ajit Motors, Ladhowal, Ladhowal Road Ludhiana (M:8847612379)

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for the Complainant.

                   OPs No.1 & 2 exparte.

                   Complaint qua OP No.3 dismissed.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had purchased one electric vehicle namely DIAL 100 Plus from OP No.2 in the month of April, 2023 and the complainant paid the amount through EMIs regularly every month. In the month of August, 2023 the vehicle of the complainant started getting problem and then he contacted the OP No.3 who informed complainant that the issue can be resolved by OPs No.1 & 2 and then the complainant contacted the OPs No.1 & 2 on telephone and they gave assurance that the problem will be solved within a week. But when again the complainant called OPs No.1 & 2 through call as well as email, there was no response from OPs No.1 & 2. Even otherwise, no representative has come from the office of OP No.2 to collect the installment. Thereafter, the complainant served legal notice to the OPs, but all in vain and as such, as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to repair the vehicle free of cost or to direct the OPs to replace the vehicle with new one if it cannot be repaired. Further, OPs be directed to pay a compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.22,000/- as litigation expenses and Rs.1,00,000/- as punitive damages to the consumer welfare fund.

2.                Notice of the complaint was sent to the OPs and accordingly, the Branch Manager on behalf of the OPs No.1 & 2 appeared only once and failed to file written statement and ultimately, the OPs No.1 & 2 were proceeded against exparte. On the other hand, the correct address of OP No.3 not filed by the complainant after availing number of opportunities and ultimately, complaint qua OP No.3 dismissed u/O 9 Rule 2 CPC.

3.                In order to prove his case, the complainant has produced on record his respective evidence.

4.                We have gone through the contents of the complaint and evidence produced by the complainant very minutely.

5.                The complainant has alleged that he purchased one electric vehicle namely Dial 100 Plus, sold by the OPs No.1 & 2. The vehicle was purchased in the month of April, 2023 and delivered at the office of OP No.3. The complainant has allegedly proved the copy of the RC Ex.C-1. Ex.C-1 is the photocopy of the Dial E-vahan Pvt. Ltd., but it is not RC as alleged by the complainant. This is some advertisement of Dial E-vahan. It does not bear the name of the complainant as a purchaser. Ex.C-2 and Ex.C-3 are the receipts showing that Rs.3340/- were paid by the complainant to the OP No.2 on 09.05.2023, 06.06.2023 and 05.08.2023 as installment i.e. EMI. The complainant has alleged that in the month of August, 2023 his vehicle started getting problem and there was a problem with the start and charging of the vehicle. As per complainant, he wrote letters and informed the OPs, but nobody came. As per the attachment of Ex.C-4, the complainant sent messages to one Dinesh Gupta regarding the electric scooter for not charging, but there was no reply. The complainant has not disclosed anywhere that who was Dinesh Gupta. He sent email Ex.C-5 on 30.09.2023 to Dial Vahan i.e. OP No.1. The representative of the OPs No.1 & 2 has produced on record a letter alleging that the OPs No.1 & 2 are not dealing in any kind of two wheelers and sale purchase as per the complainant mentioned in complaint. They are dealing with NBFC in finance only. The complainant has not produced on record any invoice showing for how much amount he purchased the vehicle nor produced any document showing that OPs No.1 and 2 are dealing in two wheeler. He has also not produced on record any document to show that he has ever obtained loan from the OPs No.1 & 2 rather he has alleged that he purchased the vehicle from OPs No.1 & 2 which fact has been denied by the OPs. No job card has been proved by the complainant to prove that he faced any issue regarding charging. So, the complainant has failed to prove any deficiency in service and accordingly, the complaint of the complainant is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

6.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

30.07.2024         Member                          Member           President