PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 125/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Umang Agrawal, Aged about 35 years

S/o.LateNatwarLal Agrawal

P/o. BasantVihar, A.N GuhaLane ,PO- Sambalpur,

PS-Town,Dist-Sambalpur-768001                                    ……….......Complainant.

Vrs.

1. Managing Director, OLA Electric Technologies Pvt. Ltd.

Regd. Office At 414, 3^rd Floor, Regent Insignia, 4^th Block,

Karnataka-560034, India.

2. OLA Electric Technologies Pvt. Ltd.

Authorised Dealer

C/O-M/S- Rajpath Services, BhatkuriGangapada, Near NH 16,

Dist-Khorda, Odisha-752054

3. Branch Manager, OLA Electric Technologies Pvt. Ltd,

City Centre, Modipara, PO-Modipara, PS-Town,

Counsels:-

1. For the Complainant         :- Smt. S. Dash & Associates
2. For the O.P.                        :- Sri. S.K. Dash & Associates

Date of Filing:08.04.2024,  Date of Hearing :13.08.2024  Date of Judgement : 07.10.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the case of the Complainant is that the Complainant had purchased an electric Scooter of OLA on dtd. 26.06.2023 from the OP No. 3 on Rs. 1, 63,549/- who provided three years warranty over the vehicle with battery. After using the vehicle over six month, the said vehicle found various problems and time to time shut down the panel of the vehicle within the warranty period. On dtd. 24.01.2024, the Complainant had found the vehicle break down and as such the vehicle penal has been locked for which the Complainant kept the vehicle in his house and reported the matter before the OP No. 3 on the next day but neither the technician of OP No. 3 nor the RSA department of the OP No. 1 solved the defects and even after several request to the OP No. 3, any authority have not solve the defects of the vehicle. After several requests the OP No. 3 sent a technician on dtd. 10.02.2024 and tried to solve the defects but the technician of the OP No. 3 could not solve the defects and suggested to the Complainant for permanent solutions some of the spare require to be changed and the Complainant agreed to change the spare but the technician temporarily started the vehicle and assured to change the defective parts within a period of ten to fifteen days and suggested the Complainant not to turn towards right. After passing of one month the technician of the OP No. 3 not change the defective parts in the vehicle and as such on dtd. 02.03.2024, the vehicle found same defect of break down condition and the penal not functioned for which the Complainant could not possible to move the vehicle anywhere. The Complainant several time requested the OPs through phone or message but the defective parts are not available near the OPs. After several harassment and several approach neither the technician of the OPs could solve the defects which is deficiency in service of the OPs for which the Complainant facing mental tension.
2. The OPs have not given any Version.

ISSUES

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

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

The Complainant has purchased a OLA Electric Two-Wheeler from the OPS. Hence he is a consumer of the OPs.

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

The OP could not solve the issue of the Complainant.  Hence deficiency in service and unfair trade practice found against the OPs.

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.Ps.

                             ORDER

The Ops are directed to refund Rs. 1, 39,999/- toward cost of the electric vehicle to the Complainant and return back the defective vehicle. Further O.Ps are directed to pay Rs. 30,000/- towards deficiency in service and mental agony suffered by the Complainant as compensation and also the OPs are 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 7^th day of Oct, 2024.

Free copies of this order to the parties are supplied.