DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VII(SW)

[GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI]

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN

CASE NO. CC/02/2018

                                                                                      Date of Institution  : 16.02.2018

                                                      Order reserved on  : 24.04.2023

                                                      Date of Order  : 10.05.2023

In the matter of:

Raj Narayan Yadav,

S/o Sh. Rampreet Yadav,

RZ-93/26, Madanpuri,

Gali NO 08,West Sagarpur,

New Delhi-110046.                                   ….                    Complainant

VERSUS

1. Y. C. Electrical Vehicle,

H-32, Narayana Railway Station,

Loha Mandi, WZ Block,

New Delhi-110028.….Opposite Party 1

2. Deluxe Auto,

C-126, Narayana Industrial Area,

New Delhi – 1100028.….Opposite Party 2

ORDER

(By SH. SURESH KUMAR GUPTA, PRESIDENT)

1. The complainant has filed the complaint with the allegations that the 0n 05.05.2017 he has purchased e-rickshaw from OP for a sum of Rs. 1,28,420/- qua which proforma invoice was issued.  He has taken a loan of Rs 1,28,420/- from Bank of Baroda and pay/DD No 596595 dated 29.06.2017 was issued in the name of OP by the bank. The e-rickshaw was delivered to him. The OP has given him one week’s time for providing RC, HSRP number plate, Road Permit and Insurance. He has called the OP number of times but above said documents were not provided to him.  On 13.7.2017, the e-rickshaw was found stolen upon which he immediately informed the OP and requested OP to provide the copy of Insurance.  He was shocked to learn that e-rickshaw was not got insured by OP though consideration amount as insurance premium was taken by him from the OP. The OP has committed breach of trust which has caused harassment and financial loss to him.  There is deficiency of service.  On 14.07.2017 his e-rickshaw was hired by two persons who gave cold drink to him.  He became unconscious of consuming the cold drink.  He became unconscious. His family members lodged a missing report. He has lodged a complaint with DCP (West) for registration of FIR but in vain. Hence, this complaint.

2. The notice of complaint was issued to OP.  The OP-2 was duly served.  OP-2 did not appear despite due service of notice and proceeded Ex-parte on 16.03.2018.

3. OP-1 did not appear on 25.5.2018 and he was also proceeded Ex-parte.

4. The complainant has filed his own affidavit in evidence and corroborated the version as set out in the beginning while briefing the facts.

5. It is clear from the material on record that on 05.06.2017, the complainant has purchased e-rickshaw from YC Electric Vehicle i.e. OP-1.  The OP-1 has issued proforma invoice for a sum of Rs. 1,28,420/- which includes the insurance premium of Rs 6785/-.  The vehicle was got financed by Bank of Baroda and bankers cheque bearing 596595 drawn of Superfast Automobiles was issued by Bank of Baroda for a sum of Rs. 1,28,420/-.  The entire payment is received by the opposite parties. The vehicle was not got insured even after receipt of insurance premium. The complainant was administered cold drink lacked with some drugs or intoxicating material by someone and those persons allegedly fled away with his e-rickshaw.  The e-rickshaw was not insured as a result the matter was not reported to the insurance company. The complainant has put to unnecessary loss without his fault.  The insurance of e-vehicle would have given an opportunity to the complainant to lodge the claim with the insurance company.  The insurance premium was taken by the opposite parties but policy was not taken the reasons best known to them. There is deficiency of service on the part of opposite parties. The opposite parties have not come forward to contest the complaint. The evidence led by the complainant has gone unrebutted and there is nothing to view the evidence with the aid of spectacles. The evidence led by the complainant is relied upon.

6. The complaint of the complainant is allowed. The opposite parties are jointly and severely directed to refund the sum of Rs 1,28,420/- to the complainant along with compensation of Rs 20,000/- to the complainant for mental harassment and agony as well as for litigation expenses within 45 days from the date of receipt copy of the order, failing which the opposite parties will pay interest @ 10% per annum till the realization of the above said amount.

• Copy of this Order be supplied to parties free of cost.

• File is consigned to record room thereafter.

• Announced in the open court.