PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.46 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sri. Karan Nath,

S/o-Sri. Prafulla Nath,

R/O-Nathpada, Bhikhampur, PO-Parmanpur, PS-Sason,

Dist-Sambalpur-768200, Odisha

Mob No. 9692148135.                                                     ……….......Complainant.

Vrs.

1. MV Synergy, India Private Limited,

Through Authorised Representative, Near Honda Showroom, Khata No. 503/78, Plot NO. 1088/6406, Rengali, PO/PS-Rengali,

2. MV Synergy Finance ,through Authorised Representative,

C/O-MV Synergy, India Pvt. Ltd., Near Honda Showroom, Khata No. 503/78, Plot NO. 1088/6406, Rengali, PO/PS-Rengali,

Counsels:-

1. For the Complainant      :- Sri. R.L.Sharma & Associates
2. For the O.P.s                    :- Ex-parte

Date of Filing:12.02.2024,  Date of Hearing :24.06.2024,  Date of Judgement :29.07.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased one Supreme Deluxe electric Scooty vehicle from O.P.No.1 for a consideration of Rs. 1,15,000/-. The milage was explained 120 Km to 140Kms with full battery charge. Taking finance from O.P.No.2 and giving downpayment of Rs. 60,000/- for 15 no.s of instalment @EMI Rs. 3977/- the vehicle was purchased from O.P.No.1. Although 2KW battery was fitted but the average of the vehicle was 65 to 70 Kms.

On 10.01.02024 for low performance of the vehicle matter was reported to O.P. No.1. When the Complainant enquired price of the product, it was Rs. 74,000/- to Rs. 98,000/-. There is no such vehicle which gives average of 120 Km to 140 kms. The O.P. No.1 is misleading the customers and thereby practising unfair trade practice in business.

The O.P. No.1 has manufactured Sub-standard product and sold the defective sub-standard product.

Being aggrieved this complaint was filed to recover the value of the product along with the instalments paid.

2. The O.P.s have been set ex-parte.
3. The Complainant filed the following documents:

1. Copy of finance chart dated 02.01.2024.
2. Quotation dated 18.01.2024.
3. Quotation dated 26.01.2024.
4. Quotation dated 30.01.2024.
5. Photographs.

4. The Complainant purchased the MV Supreme DLX Vehicle for Rs. 98,095.24 from O.P.No.2 on 18.01.2024. The Complainant filed quotation of sky wheels & Tunwal E-Vehicles. The quotations submitted and price of purchased vehicle can not be compared as there is no detail specification of the vehicles. From financial chart it is clear that down payment of Rs. 60,000/-made by Complainant and EMI was fixed Rs. 3997/- P.M. and payable w.e.f. 02.01.2024 in 15 installments. As per submission, the O.Ps assured that the vehicle upon full charge run 120kms to 140 km. whereas in sales order 2KW battery shown to run 100Kms. The Complainant when tested vehicle only covered 65 km to 70kms. It leads to misleading advertisement of the O.Ps and also providing financial facilities to push sale. As the O.Ps assured that the vehicle will run 100 kms whereas actually vehicle showing average of 65 to 79 Kms then it can be concluded that there is manufacturing defect in the vehicle for which not showing the assured average.

The Complainant has not filed documents to prove the exact number of instalments paid to O.P.No.2.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complaint is allowed ex-parte against the O.Ps. The O.Ps are jointly liable to refund the down payment made Rs. 60,000/- and total instalments paid to O.P.No.2 with interest @7% from the date of purchase and take back the vehicle from Complainant. For misleading advertisement the O.Ps are liable to pay Rs. 30,000/- compensation to the Complainant along with litigation expenses of Rs. 10,000/-. The O.Pshave taken benefit from several customers through misleading advertisement. Accordingly, O.Ps are directed to deposit Rs. 10,000/- compensation to the District Consumer Welfare Fund, Sambalpur. The amount shall be paid within one month of this order and incase of non-payment, the entire amount will cover 12% interest P.A. till realisation.

Order pronounced in the open court on this 29^th day of July, 2024.

Supply free copies to the parties.