Date of filing:- 17/10/2023.
Date of Order:-18/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 149 of 2023.
Sri Rudra Dev Bhoi, S/o Bhismanath Bhoi, R/o Satalma, Ps/Tahasil- Barpali, Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
- Authorized Dealer, Okinawa Scooter, Manohar Dealer, Near Bhatli Chowk, Bargarh, Po/Ps/Dist. Bargarh (Odisha).
- Ratan Padhan, S/o Pitambara Padhan, Authorized Sub Dealer of Manohar Dealer, situated at Barpali, near Road side of National High Way, named Laxmi Motors, Po/Ps. Barpali, Dist. Bargarh. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satpathy, Advocate with associates.
For the Opposite Parties :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that on Dt.11-08-2021, the Complainant has purchased a Scooty (Praise Pro-Glossy Red Black-Small Disc) bearing
Regd. No. OD-17-W-9394, Chassis No. M5WBDEGM1217164 and Engine No. BDG 217164 from the Opposite Party No.2(two). The Opposite Party No.1(one) is the authorized Dealer of the aforesaid vehicle. The aforesaid vehicle was running good up to second week of March-2023 but on Dt. 30-03-2023 due to battery problem, the Complainant took the aforesaid vehicle to Opposite Party No.2(two) and the Opposite Party No.2(two) repaired and accordingly the Complainant paid Rs. 413/-(Rupees four hundred thirteen)only. After some days, against the same problem occurred. The Complainant approached the Opposite Party No.2(two) to change the motor which is having warranty period of three years from the date of purchase but the Opposite Party No.2(two) denied and advised to leave the Scooter. The Complainant's scooter has been with the Opposite Party No.2(two). The Opposite Parties has received total amounts of Rs. 95,000/-(Rupees ninety five thousand)only but handed over one receipt of Rs. 76,848/-(Rupees seventy six thousand eight hundred forty eight)only, which also amounts to unfair trade practice on the part of the Opposite Parties. The Complainant has also service pleader's notice but the Opposite Parties remained silent.
Being aggrieved by the act of the Opposite Parties the Complainant filed this complaint before this Commission praying that Opposite Parties be directed to replace the vehicle with a similar specification or else to refund the value of money of the vehicle and to pay the Complainant compensation to the tune of Rs.50,000/-(Rupees fifty thousand)only and litigation expenses of Rs. 25,000/-(Rupees twenty five thousand)only.
2) The case of the Opposite Parties is that the Opposite Parties did not appear before this Commission, hence set ex-parte.
3) After perusal of the documents filed by the Complainant it reveals that the Complainant is the registered owner of the vehicle bearing Regd. No. OD-17-W-9374. The Battery of the Complainant's vehicle started problem for which the Complainant approached the Opposite Parties to change the battery/motor having warranty period of three years but till date the Complainant's battery has not been exchanged and the aforesaid vehicle is in the shop Opposite Party No.2(two).
4) The Opposite Parties have refused to receive the notice sent hence the Opposite Parties are set ex-parte. The case and claim of the Complainant as per the complaint petition along with affidavit has not been disputed by the Opposite Parties due to their non-appearance before the Commission. Accordingly the allegation made in this complaint duly supported by the documentary evidence as well as oral evidence stands proved.
5) The Complaint is regarding battery replacement when the battery is under the warranty period and it is the duty of the Opposite Parties to replace the battery when the said battery is under the warranty period. Non replacement of battery under the warranty period amounts to deficiency in service on the part of the Opposite Parties.
Accordingly it is ordered.
O R D E R
6) The Complaint is allowed is allowed ex-parte against the Opposite Parties. The Opposite Parties are jointly and severally directed to replace the battery of the vehicle bearing Regd No. OD-17-W-9394 and to deliver the vehicle in good running condition to the Complainant free of cost along with Rs.30,000/-(Rupees thirty thousand)only compensation for mental harassment and Rs.20,000/-(Rupees twenty thousand)only towards litigation expenses within one month of this order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.18/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
