Delhi

South West

CC/17/461

SANJAY KUMAR - Complainant(s)

Versus

UNIQUE MOTORS - Opp.Party(s)

29 Nov 2017

ORDER

Consumer Disputes Redressal Forum- VII, South West District, Delhi

(Govt. of NCT of Delhi)

Local Shopping Centre, Sheikh Sarai Phase – II

New Delhi- 110017

 

Complaint Case No.: DF-VII/CC/461/2017

In the matter of

L/Nk Sanjay Kumar

S/o Sh Kanwar Singh

R/o Room No. 94-B, Integrated Headquarters

Ministry of Defence

AG’s Branch, DGMS (Army), PMOHIS

L- Block, Sena Bhawan

New Delhi                                                          …         Complainant

Versus

 

M/s Unique Motors

Through its owner Sh R R Sharma

Office At WZ-327, Khasra No. 32/13

Old Palam Road

Plot No. 7, Sector 7

Near Brahma Apartments, Dwarka

New Delhi                                                          …       Opposite Party

 

Present Complainant in Person

ORDER

29/11/2017

 

(Divya Jyoti Jaipuriar, President)

We have heard the arguments of the Complainant on admissibility of the complaint.

The complainant is the owner of a car bearing NDL-8CH-9407 make Maruti SX4 VXI (2007). The main allegation of the Complainant against the M/s Unique Motors (OP) is that while conducting the repair work in the car of the Complainant, the OP has replaced the engine of the Car by a second hand engine and disposed of the original engine of the car. However, the Complainant has also filed a Police Complaint in this regard and the report of the IO was filed in the Court of Sh Rohit Gulia, Ld. Metropolitan Magistrate, Dwarka Court Complex, New Delhi. In the report dated 03/02/2017, the IO has indicated that the allegation of the Complainant regarding replacement of engine was not found correct and the repair work in the vehicle was done in agreement between the parties. It is also reported in the report that the Complainant does not wish to make the payment to the OP, hence he is making allegations against the OP. The said report was said to be accepted by the Concerned Court. This report was not part of the documents filed by the Complainant, but was placed on record after this forum enquired about the outcome of the police complaint in the matter. It is also informed by the Complainant, on enquiry from this forum, that the Complainant has not filed any objection/ application before the competent court challenging the conclusion of the report of IO. Hence, in absence of any challenge to the report of IO and also in view of the fact that the Competent Court has accepted the report of the IO, the grievance of the Complainant in this complaint filed before this forum is not substantiated.

Hence, in view of the observation above, we are of the opinion that this complaint is devoid of merit and is dismissed at admission stage itself.

A copy of this final order be supplied to the Complainant free of cost in terms of the rules. Copy of this order be also sent to the website. Thereafter, the file be consigned to the record.

Order pronounced on 29/11/2017.

 

 

 

 

 

(S.S.Sidhu)                      (Harshali Kaur)                (Divya Jyoti Jaipuriar)

          Member                         Member                             President

 

 

 

 

 

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