… Opp. Parties
For the complainant : In person
For the O.Ps. : Exparte
DATE OF FILING : 09/05/2022
DATE OF ORDER : 22/052023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he had purchased an electric charged battery- operated scooter from the OP.1 on 02/12/2020. He had paid Rs.65,000/- as consideration money for the scooter. The battery fitted to that scooter was covered under the warranty for a period of three years. As per the condition , the battery once charged will run 60 Kms but in actuality, on a single charge, the scooter ran 18 Kms. He brought this fact to the notice of the OP.1, who received the vehicle for repair. After 35 days, he returned the vehicle but there was no improvement in the performance of the battery. He requested the OP.1 to replace the battery but the OP.1 did not agree. Hence this complaint.
3. On the other hand, the OPs were set exparte and exparte hearing was taken up on 24/04/2023.
4. Perused the materials on record. Annexure-1 shows that the complainant had purchased the electric scooter for Rs.65,000/-. Annexure -2 shows that the warranty period of the battery was three years. Annexure -5 shows that, the complainant lodged complaint with regard to the battery mileage before the Managing Director, OKINAWA Scooters. Considering all these materials on record, I find it proper that, the battery did not perform as per the condition during the warranty period. Even there was no improvement in the performance of the battery after repair thereof. Therefore, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OPs. The OPs are hereby directed to replace the battery with a new one covered under the same warranty period. In addition to that, the OPs are further directed to pay an amount of Rs.5,000/- (Rupees five thousand) only to the complainant towards compensation for mental agony suffered by him and a further sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses. The order be complied with by the OPs jointly & severally, within a period of one month from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 22nd May, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
