Haryana

Bhiwani

CC/240/2023

Sweety - Complainant(s)

Versus

Electromech Engineer - Opp.Party(s)

Deepanshu Tutega

09 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.     240 of 2023

                                    DATE OF INSTITUTION:                 24.08.2023

                                                DATE OF ORDER:                            09.02.2024

 

Sweety wife of Mr. Sandeep R/o H.No.259, Old Housing Board, Bhiwani. Haryana.

 

            ……Complainant.

 

Versus

 

1. Electromech Engineers, Authorized dealer: Warivo Motor India Private Limited, Near Axis Bank, Loharu Road, Dinod Gate, Bhiwani-127021 (Haryana) through its authorized representative.

 

Also At: Arya Motors, Authorized Dealer: Warivo Motor India Private Limited, Shop No.1 Dinod Gate, Bhiwani-Loharu Road, Krishna Colony, Bhiwani, Haryana-127021 through its authorized representative.

 

2. Warivo Motor India Pvt. Ltd., Having its registered office at: C-602, OM Icon, VIP Road, Vesu, Surat, Gujarat, India-395007 through its authorized representative.

….. 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. Deepanshu Tuteja, Advocate for complainant.

                        OPs expate.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                     Brief facts of the present complaint are that complainant purchased an Electric two wheeler, Model Falcon 10 vide invoice No.74 dated 16.07.2022 in a sum of Rs.55,000/- from OP No.1, manufactured by OP No.2 (hereinafter referred as to scooty). The scooty was having warranty for one year qua its motor, controller, charger and lead battery. As per complainant, the scooty started giving problems after four months of its purchase and in first week of July 2023, complainant visited Op No.1 but it had closed its showroom and service station of electric vehicle and has started another showroom in the name of Arya Motors And the scooty was got checked there and repaired the problems after taking Rs.600/-. However, the problem of battery again occurred and OP No.1 demanded Rs.12,000/- for replacing of batteries despite having the same in warranty period. So, legal notice dated 12.07.2023 was got served upon the OPs but of no avail.  Ultimately, complainant purchased batteries for the scooty on 31.07.2023 in Rs.15,000/- from Kailash Batteries House, Bhiwani. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of Ops and thereby causing him mental agony, physical harassment besides monetary loss.  In the end, prayer has been made to issue directions against the OPs to pay Rs.15,000/- towards the replacement cost of batteries alongwith interest @ 18% per annum from the date of purchase  till its realization, to pay Rs.51,000/- as compensation for harassment. Further, to pay Rs.11,000/- as litigation expenses. Any other relief to which this Commission deems fit has also been sought.  

2.                     Notices were sent to the OPs No.1 & 2 but they did not bother to appear, as such, proceeded against as exparte vide order dated 05.10.2023 & 18.12.2023 respectively.

3.                     In exparte evidence of complainant, his affidavit Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-8  were tendered and closed the evidence.

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

5.                     Complainant in order to substantiate his version that she purchased the scooty from OPs has placed on record bill dated 16.07.2022 for Rs.55,000/- (Ex. C-2).  Complainant by filing documents Ex. C-3 and Ex. C-4 has shown that he contacted the OPs qua defects in the scooty and paid Rs.600/- for its repair. Further, to strengthen his case, complainant has also filed his duly sworn 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 having charged Rs.600/- for the same and at last batteries of the scooty was replaced with new batteries purchased by complainant in Rs.15,000/- (Ex.C-8) within alleged warranty period of one year. 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.  Accordingly, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.15,000/- (Rs. Fifteen 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.5,000/- (Five 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 OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. 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:09.02.2024