Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 685
Instituted on : 04.12.2023
Decided on : 12.04.2024
Mr. SumitBambal s/o Sh. Satpal, Garhwali(38), Jind, Haryana-12611.
...........Complainant.
Vs.
The Signatory Authority, Okinawa Unit no.651-655, 6th Floor, JMD Mega polis, Sohna Road, Sector-48, Gurugram-122108, Haryana, India.
……….Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Complainant in person.
Opposite party already exparte.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that he had purchased an Electric scooter from the dealer situated at Shri Sham Motors, Near Ambedkar Chowk, Company Park, Rohtakvide invoice no.300 dated 16.07.2022 worth Rs.100225/- and the vehicle has been insured with 3 years warranty period. Complainant’s vehicle has a charging issue but the nearest outlet of the opposite party’s company has been shut down by the company and the guarantee period is not over so it is the responsibility of the opposite party towards the complainant to resolve the complainant’s concern with his vehicle . Complainant called the customer care having no.+9144,22508639 but no resolution received by the complainant from the opposite party. The opposite party has failed to provide right and proper service despite his repeated complaints through telephonic conversation and by way of electronic mail conversation. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to take necessary steps to render the proper service to the complainant & provide the necessary resolution and refund Rs.100225/- and also to pay Rs.200000/- as compensation and Rs.10000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Notice issued to opposite party did not received back either served or unserved. Hence after expiry of statutory period of 30 days, opposite party was proceeded against exparte vide order dated 23.01.2024 of this Commission.
3. Complainant made a statement that complaint already filed on his behalf be read in evidence, tendered documents Ex.C1 to Ex.C7and closed his evidence on dated 13.02.2024.
4. We have heard the complainant and have gone through material aspects of the case very carefully.
5. In the present case as per the complainant, he had purchased the electric scooter from the authorized dealer of opposite party on dated 16.07.2022 and the same was insured by the opposite party for three years. To prove the same complainant has placed on record copy of bill Ex.C1. It is further contended that his vehicle was having charging & motor issue in the scooter within guarantee period but the company has shut down his office and agency in Rohtak office. Hence the complainant had to getit repaired from Earth AutomobilityNajafgarh New Delhi and they charged Rs.2000/- for the same. To prove the same complainant has placed on record copy of complaint Ex.C2 &receipt Ex.C5. Complainant also sent a legal notice Ex.C3 to the opposite party and copy of track consignment Ex.C4 is also placed on record to prove its delivery to the opposite party. As per receipt Ex.C5 dated 29.10.2023, Earth automobility has charged Rs.2000/- from the complainant on account of motor sensor plate & motor sensor &labour charges and gave a warranty of 10 days for motor sensor & PCB. But as per the complainant after one day it stopped working.
6. We have minutely perused the documents placed on record by the complainant. As per bill Ex.C1, the dealer of opposite party has charged an amount ofRs.5832/- on account of insurance charges. As per the complainant the alleged insurance was for a period of 3 years and the vehicle in question got defective within insurance period. As per the complainant during the month of April 2023 the outlet of the company has been shut down, due to which the complainant had to got repaired it from outside i.e. Najafgarh, New Delhi and spent an amount of Rs.2000/- on its repair. On the other hand, opposite party did not appear before this Commission despite service of notice through registered post and was proceeded against exparte, which shows that opposite party has nothing to say in the matter and all the allegations levelled by the complainant against the opposite party stands proved. We have also observed that the complainant had purchased the scooteer in question from the authorized dealer of company i.e. Shri Shyam Motors, Near Ambedkar Chowk, Rohtak and he is resident of Gharwali, Jind. It is not possible for the complainant every time to go to Najafgarh for the repair or service of his scooter, which is near about 100 kms from the house of complainant. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the price of scooter after some deduction on it. At the time of arguments, a service record of scooter has been placed on record by the complainant, which is placed on record as ‘Annexure-JNA’, as per which the scooter had run 6742/- kmsupto 11.02.2023 and the defect in the same appeared in 29.10.2023. Hence as per our view it is suffice to refund the value of scooty after deduction of 30% amount i.e. to pay Rs.70157/-(Rs.100225 less 30%).
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the price of vehicle i.e. Rs.70157/-(Rupees seventy thousand one hundred and fifty seven only) alongwith interest @ 9% p.a from the date of filing the present complaint i.e. 04.12.2023 till its realization, also to pay Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service and Rs.4000/-(Rupees four thousand only)as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. However complainant is directed to hand over the scooter in question to the opposite party at the time of making payment by the opposite party.
8. Copy of this order be supplied to both the parties free of costs.File be consigned to the record room after due compliance.
Announced in open court:
12.04.2024.
.....................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
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Vijender Singh, Member.
