PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 235/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Brundaban Mishra,

S/O-Akshaya Mishra

R/O-Putibandh (Bajrang Vihar), Po/Ps-Dhanupali,

Dist-Sambalpur-768005,Odisha, India          

Aadhar NO.251185193327, Mob No. 9237945555        ……………..Complainant

Vrs

1. The Proprietor, Baishnabi E Bikes,

Godbhaga, Dist-Bargarh, State-Odisha-768111,

Mob No.9438157896.

2. M/S Hero Electric Vehicles Pvt. Ltd.,

Plot No. 57, Udyog Vihar Phase-IV,

Sector-18, Gurugram, Haryana-122015.…….....Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Ex-parte

Date of Filing:02.08.2024,  Date of Hearing :04.11.2024  Date of Judgement : 16.12.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant had purchased an electric Scooter from the OP No. 1 and the OP No. 2 manufacturer after paying an amount of Rs. 79,500/- and after one month of purchase of the said vehicle, the Complainant faced Display and light problems. The Complainant visited the campus of the OP No. 1 and they repaired the display and light of the said vehicle without any cost and also no job sheet or service bill was given to the Complainant. Again after some time on 06.03.2024, the Complainant faced same problems and on his visit, the OP N. 1 repaired the same without issuing job sheet or service bill. After a period of one month on dtd. 08.04.2024, the said vehicle did not turn on and completely stopped working, against which on 09.04.2024, the Complainant gave the vehicle to OP No.1 for repair as the vehicle was under the period of warranty. After continuous follow up by the Complainant, on dtd. 17.04.2024, the said vehicle was repaired and on the visit of the Complainant to OP No. 1 for receiving the said vehicle, the Complainant was asked to pay Rs. 6,800/-  towards repairing cost. When the Complainant demanded service bill and job sheet of the aforesaid repair, the OP No. 1 denied to provide the same and misbehaved him. Hence, this case.
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 an 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 No. 1 who is the dealer/service center of the OP No. 2 has demanded Rs. 6,800/- from to the Complainant out of a valid warranty period at the time of repairing the vehicle. Further, the OP No. 1 has not given any job sheet/service sheet to 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 repair the said vehicle of the Complainant free of cost within one month from the date of this order. Further the OPs 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 to the complainant.

Order pronounced in the open Court today on 16^th day of Dec, 2024.

Free copies of this order to the parties are supplied.