DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 79/2022
Date of Filing Date of Admission Date of Disposal
28.03.2022 20.04.2022 24.11.2023
Complainant/s:- | ANUPAM BASU, S/o Bhabesh Chandra Basu, F-41, Nilgunge Road, Shibalaya, P.O Adi Kashimpur, P.S. Duttapukur, District North 24 Parganas, Pin – 743248. =Vs= |
Opposite Party/s:- | - M/s. G.C. MONDAL
A PROPRIETARY FIRM HAVING ITS PRINCIPLE PLACE OF BUSINESS SITUATED AT VILLAGE BADAMATALA, MADHYAMGRAM BAZAR, VIVEKANANDA NAGAR, SODEPUR ROAD, P.S. MADHYAMGRAM KOLKATA 700130, WB. - GRAVES ELECTRIC MOBILITY PVT. LTD.
REPRESENTED BY ITS DIRECTOR HAVING ITS REGISTERED OFFICE AT 10/1B, NANTHAVANA THOTTAM KANAMPALAYAM, P.S. SULUR, COIMBATORE:- 641402, TAMILNADU. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint against the aforesaid Opposite Parties praying for direction to the Opposite Parties to refund Rs. 57,700/- as cost of E-Scooter, compensation amounting to Rs. 1,50,000/-, litigation cost amounting to Rs. 40,000/- and other reliefs.
Complainant alleged that he purchased one E-Scooter through financer from the O.P No. 1 and 2 with a construction of Rs. 57,700/-. He paid Rs. 30,700 as down payment and rest amount were covered by six E.M.I @ Rs. 5,325/- each. He paid all the installments on time. That the initial days after the purchased of said E-Scooter it was more or less good but on 15/02/2021 Complainant met up with an accident wherein the right side of the front panel of the E-Scooter got cracked and he visited all the service centers of the O.P No. 2 maintained by O.P No. 1 and came to learn that no spare parts is available with them. As a result of which Complainant had to come back home with empty hand with the broken E-Scooter which could itself amounts to deficiency in service.
Hence, the Complainant filed this case and prayed for aforesaid relief.
O.P No. 2 appeared in this record and file W/v and denied the entire allegations. He admitted that the Complainant had purchased an E-Scooter from the O.P No. 1 for payment of Rs. 57,700/- on 07/08/2019 and O.P No. 2 is the manufacturer of the said E-Scooter. Complainant duly took possession of the same. Complainant raised a complaint via mail on 19/09/2021 regarding the failure of the charger of the said E-Scooter on August 2021 and demanded a new charger for the E-Scooter.
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C.C. No. 79/2022
Thereafter, O.P No. 2 had sent a new charger to the Complainants house but after analysis it was found that real problem was not with the charger and there is some issue with the battery of the E-Scooter. O.P No. 2 duly informed the Complainant about the said fact as discussed with the help of another dealer from Kolkata and resolution of Complainant’s concern is under process. He prays for dismissal of the aforesaid complaint.
On perusal of the record we find that O.P No. 1 not yet appeared in this record.
Decision with Reasons
Complainant alleged that he purchased one E-Scooter from the Opposite Parties and paid Rs. 57,700/- as cost of the aforesaid E-Scooter.
To get the desired relief it is the duty of the Complainant to establish the aforesaid allegation by sufficient evidence. On perusal of record we find that on 31/05/2023 Complainant was absent without any steps. He was asked to file Show Cause by 07/06/2023 as to why necessary order shall not be passed against him. On the very next date i.e. on 07/06/2023 Complainant did not file Show Cause. Next date was fixed on 04/08/2023. On that date Complainant also did not file Show Cause. Next date was fixed on 01/11/2023. On 01/11/2023 Complainant did not file Show Cause as per the aforesaid order dated 31/05/2023. Complainant did not file original documents at the time of filing of this complaint even he did not file the same on another subsequent day before this Commission. Accordingly, we do not get any opportunity to perused the original purchased receipt in support of the said fact that the Complainant purchased the aforesaid E-Scooter from the O.P No. 1 and 2. Complainant further stated that he faced an accident on 15/02/2021 but in support of the said fact Complainant did not produce any document before this Commission. As per record Complainant purchased the aforesaid E-Scooter on 20/11/2020 he did not file any original warranty book in support of the fact that O.Ps are bound to give proper service as per the rules regarding the warranty of the aforesaid E-Scooter.
Having regard to the aforesaid discussion we find that Complainant has failed to establish his grievance by sufficient documents beyond reasonable doubt. Accordingly, Complainant is not entitled to any relief as per his prayer.
In the result, the present case fails.
Hence ,
It is ordered,
That the present case be and the same vide no. C.C./79/2022 is disposed on contest against O.P No. 2 and dismissed ex-parte against O.P No. 1 but without any order as to costs.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
