Haryana

Bhiwani

CC/102/2023

Rahul Kaushik - Complainant(s)

Versus

Warivo Motor - Opp.Party(s)

Aditya Kaushik

16 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.     102 of 2023

                                    DATE OF INSTITUTION:                 27.04.2023

                                                DATE OF ORDER:                            16.01.2024

 

Rahul Kaushik son of Sh. Jitender Kaushik, resident of Gali No.15, Shanti Nagar, Dadri Gate, Bhiwani, Tehsil and District Bhiwani, Haryana.

 

            ……Complainant.

 

Versus

 

1. Warivo Motor India Pvt. Ltd., 639, Mahima Trinity, Swej Farm, New Sanganer Road, Jaipur, Rajasthan, through tis Managing Director.

 

2. Warivo Motor India Pvt. Ltd., Manufacturing Unit at Nohar Road, Ellenabad, Sirsa-125102 through its Manager.

 

3. Warivo Motor India Pvt. Ltd., # 305,Okay Plus, DP Metro Building, Opp. Sanjeevani Hospital, New Sanganer Road, Jaipur-302019, Rajasthan, through its Regional Manager.

 

4. Electromech Engineers, near Axis Bank, Loharu Road, Dinod Gate, Bhiwani, Tehsil and District Bhiwani through its proprietor.

….. Opposite Parties

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-         Sh. Aditya Kaushik, Advocate for complainant.

                        Ops No.2 & 3 expate vide order dated 05.06.2023.

                        Ops No. 1 & 4 given up vide order dated 28.07.2023.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                     Brief facts of the present complaint are that complainant purchase an Electric Scooty, Model Falcon vide invoice No.118 dated 28.03.2022 in a sum of Rs.59,000/- from OP No.4, manufactured by OP No.2.  The scooty was having warranty for one year qua its motor, controller, charger and lead battery. As per complainant, he used the scooty for about one month and it started giving problems like discharging of battery completely on the way, heavy sound in the charger, wheel balancing etc. Complainant approached OP No.4 qua the problems who changed the controller on the cost of complainant but of no result. It is submitted that on 20.03.2023 the scooty again started giving such problems and it remained many times till 26.03.2023. So, complainant sent e-mail to the OPs followed by legal notice to them but no fruit came out. Hence, the present complaint has been preferred by complainant alleging some manufacturing defects in the scooty which could not be repaired by the OPs. In the end, prayer has been made to direct the Ops either to replace the scooty in question with new one or to return/refund the payment of Rs.59,000/- alongwith interest @ 18% per annum from the date of its purchase, further to pay compensation of Rs.50,000/- on account of harassment, besides Rs.15,000/- as litigation expenses.

2.                     Notices were sent to the OPs. OPs No.2 & 3 did not bother to appear, as such, they were proceeded against as exparte vide order dated 05.06.2023.

3.                     OPs No. 1 & 4 were given up by learned counsel for complainant vide statement dated 28.07.2023.

4.                     In exparte evidence of complainant, his affidavit Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-10  were tendered and closed the evidence.

5.                     We have heard learned counsel for complainant and perused the record carefully.

6.                     Complainant in order to substantiate his version that he purchased the scooty from OPs has placed on record bill dated 28.03.2022 for Rs.59,000/-.  Complainant by filing documents Ex. C-8 to Ex. C-10 has shown that he contacted the OPs qua defects in the scooty. Further, to strengthen his case, complainant has also filed his duly sworn in affidavit Ex. CW1/A which corroborates the version of complainant. In view of the documents referred above as well as the fact that the evidence so produced by complainant remained unrebutted and unchallenged since the OPs abstain them from proceedings of the case.  From the record, it emerges that the scooty could not be repaired by the OPs despite repeated visits and request of complainant within its warranty period.  Thus it is assumed that it was having some manufacturing defect which was not repairable. Accordingly, from the facts discussed above, we are of the view that the OPs are negligent, deficient in providing proper services to the complainant as well as has done the act of unfair trade practice for which complainant has to fall into this unwarranted litigation. In such a situation, complainant must have suffered monetary loss as well as mental and physical harassment.  Since, the OP No.2 is manufacturer of the scooty, it is hereby held liable to refund the cost of scooty as well as to compensate the complainant. No liability is attributed towards the other OPs. Accordingly, the complaint is allowed and OP No.2 is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.59,000/- (Rs. Fifty nine thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)       To pay a sum of Rs.10,000/- (Ten thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                         In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.        

Announced.

Dated:16.01.2024.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani.