Adv. For the Complainant -    Sri  Goura Chandra Naik

        Adv. For O.Ps                      -   Sri Prem Kishor Pattnaik & Bikash Chandra Pradhan

        Date  of filing of the Case  - 18.01.2023

        Date of Order -    28.08.2023

 JUDGMENT

Smt.  J.Mishra  Member

The Brief facts of the case has summerised  here under -

That the complainant had purchased an Electric Scooter model OKINAWA Dues  chassis  No. M5WBBCDHAM 1500015 on dt. 25.02.2021 on payment of case of Rs.62000 Rupees Sixty two thousand only  from OP No.1. Show Room Patnagarh  shop.

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                Electric charged Scotty which  is run with the help of battery and the same is to be recharged with the help of Inverter Provided to the said vehicle on a total price Rs.62000  with 3 years warranty having the service facility provided at Patnagarh itself . and  accordingly the guarantee period is up to 24.02.2024. The above said purchased by the complainant is a defective one and suppressing the above fact by the OP No.1. and it has failed to charge the battery and the system is failed.

The complainant has gone to the shop of the authorized dealer  but he remained silent rather misbehaved the complainant in filthy language complainant has informed personally and visited the shop of the dealers  OP1 show room at Patnagarh still no further action has taken or replace the manufacturing defects of vehicle till today after so many times visited shop and show the vehicle at the shop.

Complainant has paid a huge amount to the OP1 for purchase of vehicle which was totally loss of money without use of vehicle which cause mental  agony  and harassment by the Op 1 and OP2 simultaneously.

          Ops are neither providing any service nor the vehicle  through the complainant has sent a pleader notice for the replacement of vehicle  Electric Scooter on dt . 04.05.2022.

The complainant has relied on following documents

1. Copy  pleader notice.
2. Copy of purchase Invoice Bill.
3. E.W Registration Slip.
4. E.W Registration Form.

The Reason cited by OPs that complainant is wrong and denied in all aspect  that complainant malafidely  and ill intent to extort money from the OPs.

In the view of above in details I feel and observed that during the warranty period the set has given constant  trouble and the service provider is unable to remove the said problem and as such by paying the price Rs.62000 Sixty two thousand the complainant has purchased mental agony and troubles . and as such the above sales practice by OP1 and OP2 are deemed to be unfair.

The complainant had paid the amount for the good service as per warranty and which intended with the Ops and said payment is made for the consideration for the said service. When Ops have failed to give such service as per warranty card for which Ops have received the amount . As such the depreciation amount of vehicle is exempted or ignored. it is deemed that Ops were callous to the allegations and it amounts to deficiency of  service . Ops are jointly and severally liable.

           Hence  to meet the ends of Justice. The following order is passed.

                                                                        ORDER

The Ops are ordered to take back the defective vehicle in question from the complainant and refund the price of Electric scooter OKINAWA Duel model  a sum of  Rs.62000 with 9 Percents interest.

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              Further I directed to pay Rs.10000 for mental agony and harassment and pay Rs.3000 for litigation expenses to the complainant.

           The Ops are ordered to comply the above direction within 1 month from the dt. Of receipt of this order. Failing which the Ops are directed to pay the total amount  @12 Percents P.A from the date of cause of action arise. Till realization .

                                     No award as to cost.

   PRONOUNCED IN THE OPEN COMMISSION TODAY I.E  DATED  28^th   DAY OF August’2023.