PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-16/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

1. Kishan Agrawal, S/O- Sunil Kumar Agrawal
2. Ratan Kumar Agrawal, S/O- Sunil Kumar Agrawal

Both are R/o- Godbhaga, PO/PS-Godbhaga,

Dist-Bargarh                                                                     ……….......Complainant.

Vrs.

1. The CEO(Chief Executive Officer), “OLA ELECTRIC”

Scooty Company(OLA ELECTRIC MOBILITY PROVATE LTD)

At-4^th block, 17^th main, 100 regent insignia, #414, 3^rd 560034.

Bangalore, Karnatak, India.

2. The OLA Experience Centre

At-Shop -6 & 7, City Center Mall, Farm Road, Modipada,

Dist-Sambalpur,Odisha-768003                  …………………..Opp. Parties

Counsels:-

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

Date of Filing:12.01.2024,  Date of Hearing :01.07.2024  Date of Judgement : 30.07.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the case of the Complainants is that the Complainants wanted to purchase an OLA Electric Scooty for the use of the Complainant No. 1 as he has some medical issues for which the doctor advised him not to ride Motorcycle. The Complainant No. 1 paid all the payments of Rs. 1,61, 956/- for the successful place of the order and after all due formalities the company the OLA Scooty was not physically delivered. On dtd. 08.12.2023 a text message was received by the Complainants that the OLA Scooter is delivered successfully but the OLA Scooter has not been delivered. After that the Complainants along with their father went to the showroom at Sambalpur to enquire the matter but could not able to obtain any satisfactory reply from the show room staffs. On dtd. 14.12.2023, the Complainants got an email over the Scooter out for delivery again as, “The wait is over! Your revolutionary OLA Scooter OET-298213200161023-GYG183 is out for delivery and should be at your doorstep soon. Keep yourself available to make sure your OLA Scooter is delivered without any Hiccups”. From the aforesaid action of the OPs it is crystal clear that unfair trade practice committed by O.Ps and the Complainant No. 1 has suffered due to such deficiency of service by the OPs and for which the OPs are jointly and severally liable for the gross violation of the consumer loss and are also liable for the consequences of violation of consumer rights.
2. The OPs are set exparte.

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 Complainants wanted to purchase an OLA Electric Scooty from the OPs for the use of the Complainant No. 1 and paid all the payments of Rs. 1,61, 956/- successful and after all due formalities of the company. The Complainant are consumer of The O.Ps.

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

The Complainants have paid all the amount of the scooter to the OPs but the OP did not deliver the scooter in time.  Hence deficiency in service and unfair trade practice established 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.P.s

                             ORDER

The Ops are directed to refund Rs. 1,61, 956/- with 9% interest from the date of payment till realization towards cost of the electric vehicle to the Complainant which was paid by the Complainant to the OP at the time of booking the vehicle or deliver the said OLA Scooty OLA S1 PRO 2^nd Gen within one month from the date of the order. Further the OPs are directed to pay Rs. 1, 00,000/- towards deficiency in service and mental agony suffered by the Complainants as compensation. Further the OPs are directed to pay Rs. 15,000/- 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 30^th day of July, 2024.

Free copies of this order to the parties are supplied.