Punjab

Sangrur

CC/1128/2021

Naresh Kumar - Complainant(s)

Versus

WOW ECARTS PVT LTD - Opp.Party(s)

Sh. G.P.Sharma

21 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 1128

 Instituted on:   08.09.2021

                                                                        Decided on:     21.09.2022

 

Naresh Kumar son of Som Nath Proprietor of Hitashu Finance Company, Near OBC Bank, Old Bus Stand, Bhawanigarh, Distt. Sangrur.

                                                          …. Complainant.     

                                                 Versus

WOW ECARTS PVT. LTD. 43-A, Harton Complex, Electronic City, Sector 18, Udyog Vihar, Phase-4, Gurgaon (Haryana).

             ….Opposite party 

For  complainant       : Shri G.P.Sharma, Adv.              

For  OP                         : Exparte.

 

Quorum                                          

JOT NARANJAN SINGH GILL:  PRESIDENT

SARITA GARG                          :   MEMBER

 

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

 

1.           Complainant has approached this Forum/Commission alleging he is the sole proprietor of Hitashu Finance Company, Bhawanigarh and the complainant is a consumer of the OP as he purchased Detel EV Easy (E-Bike) white colour on 10.10.2020 from the OP vide invoice number GGN/1046/2020-21 dated 10.10.2020 by paying the requisite amount to the tune of Rs.24,999/-.  It is further averred that the OP gave a warranty for one year against any defect in the said e-bike due to manufacturing or poor workmanship from the date of purchase.  The grievance of complainant is that the vehicle in question is suffering with problems, like bubbling and battery and also finished in five minutes of working and the complainant immediately approached the OP through their official email on 8.1.2021, 19.1.2021, 1.2.2021, 4.2.2021,5.3.2021, 8.3.2021, 2.4.2021, 9.4.2021, 19.4.2021 and 29.4.2021, but the OP failed to remove the defects in the vehicle. The complainant has further alleged in the complaint that the vehicle supplied by the OP is defective one, which requires replacement of the same with a new one, which was not done by the OP despite serving of legal notice dated 10.5.2021 upon the OP. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that OP be directed to replace the e-bike with new one or to refund its cost and also for Rs.50,000/- on account of mental agony and harassment and further an amount of Rs.22,000/- as litigation expenses.

2.           Record shows that the OP did not appear despite service, as such OP was proceeded against exparte on 16.11.2021.

3.           We have gone through the pleadings put in by the complainant along with supporting documents with his valuable assistance.

4.           In order to prove his case the complainant has placed on record Ex.C-2 copy of bill of e-bike in question, Ex.C-3 is copy of emails, Ex.C-4 is copy of legal notice, Ex.C-6 is expert report and Ex.C-7 are the photographs of vehicle in question and Ex.C-1 detailed affidavit of complainant.

5.           The learned counsel for complainant has contended vehemently that the complainant availed the services of the OP by purchasing the E-bike in question from the OP on 10.10.2020 vide invoice number GGN/1046/2020-21 dated 10.10.2020, copy of which on record is Ex.C-2 by paying the requisite amount to the tune of Rs.24,999/-.  It is further contended that the OP gave a warranty for one year against any defect in the said e-bike due to manufacturing or poor workmanship from the date of purchase.  The grievance of complainant is that the vehicle in question is suffering with problems, like bubbling and battery and also work only for five minutes and the complainant immediately approached the OP through their official email on 8.1.2021, 19.1.2021, 1.2.2021, 4.2.2021, 5.3.2021, 8.3.2021, 2.4.2021, 9.4.2021, 19.4.2021 and 29.4.2021, copy of which are on record as Ex.C-3, wherein the complainant reported the problems in the e-bike in question.  Ex.C-6 is expert report issued by National Enterprises, Bhawanigarh, wherein it has been stated that the vehicle suffers from the battery problem. The complainant has further alleged in the complaint that the vehicle supplied by the OP is defective one, which requires replacement of the same with a new one, which was not done by the OP despite serving of legal notice dated 10.5.2021 upon the OP, copy of which on record is Ex.C-4.  Since the OP has failed to put appearance and even did not rebut the contents of the complaint, as such we feel that it is a fit case where the vehicle is required to be repaired as the complainant has proved his case by producing cogent and reliable evidence on record to show that the vehicle in question is defective one.

6.           As a result of the above discussion, the present complaint is partly allowed and opposite party is directed to repair the vehicle and make it in fully working order upto the satisfaction of the complainant. Further, the opposite party is also directed to pay Rs.2000/- as compensation on account of mental agony and harassment and an amount of Rs.2000/- as litigation expenses to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of  copy of this order.

7.           The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.           Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.    

                                Pronounced.

 

                                September 21, 2022.