PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 173/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Pramod Kumar Padhee, Aged about 58 years.

S/O-Late SibaSharan Padhee

R/O-Bhawanifield, PO/Ps-Dhanupali,

Dist-Sambalpur, Odisha.         

Mob- 7978174403.                                                          ……….......Complainant.

Vrs.

1. Braja Kishore Agrawalla,

Proprietor of Khusi Travels,

R/O-Baghra Road, Ward No.15, Baripada,

Dist-Mayurbhanj-757001, Mob- 9437033715...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. H.C. Mahanta, Adv. & Associates
2. For the O.P.                        :- Ex-parte

Date of Filing:04.01.2024,  Date of Hearing :12.03.2024  Date of Judgement : 22.04.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the case of the Complainant is that the Complainant had reserved one OLA SL Air Electric Scooter by paying Rs. 1000/- on 21.04.2023 and waited for opening of purchase window which would be notified by OLA.  The purchase window was opened on 27.07.2023 and the Complainant had to pay the total amount Rs. 1, 18,188/-. As the amount is higher than Rs. 1 lakh, the Complainant not able to pay the said amount through UPI at a time. But there was an option to split the payment. Hence on 27.07.2023, the Complainant paid Rs. 82,500/- and rest amount of Rs. 35,688/- was paid on 28.07.2023. Then they demanded for documents. For which the Complainant  had uploaded all the desired document in OLA App. Then the notification showen that “Your OLA will be delivered by 31^st Aug 2023”. So the Complainant had to wait for up to 31^st Aug 2023 for getting the scooter. An email was received from OLA that they had started the delivery of OLA SL scooter all across the countries and due to overwhelming demand of scooter the delivery date has been revised which was on 16.09.2023. Another email came on 4.9.2023 that the Complainant documents have been verified successfully but the Complainant has uploaded the documents on 28.07.2023. On 16.09.2023 the delivery date has been automatically extended to 9.10.2023 in OLA App. The Complainant had tried to complain several times to OLA for delay in delivering the scooter on twitter, e-mail by contacting customer care and visited several times to OLA Experience Centre Sambalpur but no any action was taken.
2. The OPs are set exparte.

ISSUES

1. Is the Complainant a Consumer of the O.P?
2. Is there any deficiency of service/unfair Trade practice in part of O.P?
3. Whether the Complainant is entitled for getting any relief?

Issue No. 1:-Is the Complainant a consumer of the O.P?

The Complainant had paid Rs. 118,188/- for purchasing the scooter to the OP.  Hence the Complainant is the consumer of the O.P.

Issue No. 2:-Is there any deficiency in service/ unfair Trade practice in part of O.P?

The Complainant had paid all the amount of the scooter to the OP but the OP did not deliver the scooter in time.  Hence deficiency in service and unfair trade practice found against the OP.

Issue No. 3:- Whether the Complainant is entitled for getting any relief?

From all the facts of the case, the Complainant is entitled for getting reliefs from the O.P.

                             ORDER

The OP is directed to refund Rs. 1, 18,188/- with 9% interest from the date 28.07.2023 toward cost of the electric vehicle to the Complainant which was paid by the Complainant at the time of booking the vehicle. Further the OP is directed to pay Rs. 50,000/- towards deficiency in service and mental agony suffered by the Complainant as compensation. Further the OP is directed to pay Rs. 10,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which all the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 27^th day of August, 2024.