DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C.CASE NO. 270/2022

Prasanta Kumar Maharana,  aged about 38years,

S/o- Dr. Parshuram Maharana, At- L-1352, Phase –II,

Main Road, Dumduma Housing Board Colony,

PS/PO- Khandagiri, Bhubaneswar, Dist – Khurda

….     Complainant             

-Vrs.-

1. Reston Enterprises, In front of Punjab National Bank,

Near Nandarkanan, Raghunathpur,

Bhubaneswar – 754019, Through its Proprietor.

2. Okinawa Auto Tech. Pvt. Ltd., Unit  No.651-654,
6.  

Gurgaon, Haryana, India – 122018,through

….     Opp. Parties 

For the complainant      :         Sri K.C.Prusty  & Others (Adv.)

For the O.P.1                 :         Sri A.Mahapatra & Associates  (Adv.)

For the O.P.2                 :         Exparte

DATE OF FILING         :         20/09/2022

DATE OF ORDER        :         16/03/2023

ORDER

SMT. S. TRIPATHY, MEMBER

1.       This is an application U/s 35 of the C.P.Act, 2019.

2.       The complainant’s case in brief is that, the complainant purchased one Okinawa electric scooter from the OP.2. The registration number of the said vehicle was OD-33-R-5122. After a few days of the purchase, the battery of the said scooter started giving problems. He then purchased a Lithium battery for Rs.46,500/- from the OP.1. While the battery was charging it burst consequent whereupon, the scooter and other materials which were around the place of charging of the battery were caught fire and damaged. The complainant brought this matter to the notice of the OPs. 

          Both parties came to the counseling centre, where there was some settlement between the parties but later on, the OPs did not stand up to the settlement.  Hence this complaint.

3.       On the other hand,  the OP.2 was set exparte and the OP.1 filed written version contending therein that,  the complainant had not purchased the vehicle from the OP.1 and he had replaced the original battery of the vehicle with  lithium battery which was purchased from the OP.1. It is pleaded by the OP.1 that the battery might have  got short circuited because of some negligence on the part of the complainant which the complainant is hiding. The OP.1 disowned any settlement between the OP.1 and the complainant before Counseling Centre. Besides, the complainant had not insured the vehicle for which the complainant is at fault. Further, the complainant has not come to the Commission with clean hands. The OP.1 is no way responsible  or liable for the damages caused to the complainant. Hence, the complaint is liable to be dismissed.   

4        Perused the materials on record.   Annexure -2 i.e.  the  tax invoice shows that,  on 24/12/2021 the battery was purchased  from the OP.1 by the complainant. There was three years warranty for the said battery. The battery was burst on 24/2/2022 which was well within three months from the date of its purchase. As a result of such accident, the vehicle was completely burnt and there was damage to the articles and the place/ building,  where the battery was charging.  When the battery was covered under the warranty, it is the responsibility of the seller to take care of it. As the battery was burst  well within the warranty period and caused damage  in several ways to the complainant  and the insensitiveness of the OP.1 to the accident clearly indicates that the complaint bears merit.  Hence it is ordered.

ORDER

The complaint is  dismissed exparte against the OP.2 and allowed on contest against the OP.1.  The OP.1  is  hereby directed to supply a new Okinawa scooter along with battery free of cost, which must be a dependable once,  or in alterative, to pay the cost of the scooter as well as the battery. Besides, the OP.No.1 is directed to pay a sum of Rs.1,00,000/-   (Rupees one lakh) only  for damage  to the other articles and the building in which the battery was charging.  In addition to the above,  the OP.1 is directed to pay Rs.20,000/- (Rupees twenty thousands) only towards mental agony suffered by the complainant and a further sum of Rs.2000/-  (Rupees two thousand) only towards litigation expenses.  The order be complied with by the OP No.1    within a period of  thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OP.1    in accordance with law.

The order is pronounced on this day the  16^th March,  2023  under the seal & signature of the President and Member (W) of the Commission.

                                                                            (S.TRIPATHY)

                                                                               MEMBER(W) 

Dictated & corrected by me

           Member ( W) 

                                                                             I agree

                                                                                                                                                 President   

                                                                             (K.C.RATH)

Transcribed by Smt.M.Kanungo, Sr.Steno :