Sri Partha Kumar Basu, Member

The complaint case is filed on 15.09.2023 which is regarding dispute about malfunctioning of a 2 wheeler purchased by the complainant against the OPs for deficiency in service under the Consumer Protection Act 2019.

Gist of the complaint as averred in the complaint petition is that the complainant purchased a 2 wheeler electromotive bike from the OP 1 Dealer of the OP2 OEM company on 10.12.2021 for a total amount of Rs.60,000/- which was delivered to the complainant with a warranty of One year. No service book or tool kit was supplied by OP1 dealer. The battery of the electric vehicle (EV) was not getting recharged. The Shock absorber and power switch and indicators were malfunctioning. Each time the complainant had to pull back the vehicle being the battery getting discharged. In April 2022, the EV was brought to the OP dealer for remedy which was retained for 2 days by OP1 but without yield of any positive result. Again OP1 personnel attended the EV in June 2022 and opined having a weak battery but even then the EV did not stop malfunctioning. The complainant stated having funded the EV against her ornaments. But the OPs did not bother to take any remedial action for repair work of the EV or replacement thereof. After getting further complaints, the OP1 misbehaved with complainant and did not take up replacement job or repair of the EV.

The complainant alleged that such an act of the OPs are unfair trade practices and deficiency in services. The petitioner prayed for replacement of the said 2 wheeler with a new one of equivalent model along with compensation of Rs.50,000/- for mental pain and agony and a litigation cost of Rs.20,000/-.

The complaint petition is annexed with invoice and extract of some electronic messages.

On the other hand, the OP1 dealer in their W/V contended that there was a sizeable delay between 10.12.2021 i.e. when the EV was sold and the period when the EV was brought for repair in April 2022 causing  delay of around 120 days, making the allegation doubtful. All the alleged defects like low mileage, charging problem, poor battery backup, etc. can be attributed due to mis-handling by the user like long time non usage or not recharging the batteries properly. It was admitted by complainant that OP1 personnel visited the EV upon getting complaint and hence due diligence was exhibited by OP1. The OP1 also denied charges of alleged misbehaving by them with this customer. 

The complaint case was contested by OP1 Dealer who appeared and filed Written version. The OP2 OEM company did not appear. Hence, as per order dated 04.06.2023 the complaint case proceeded ex-parte against OP2. The final argument was held on 11.10.2023 when the Ld. Advocates of complainant and OP1 advanced arguments along with filing of BNA. 

The arguments were heard in full.

It is not in dispute that the complainant placed an order to purchase the Electromotive bike on the opposite party no.1. It appears that an invoice dated 10.12.2021 was raised by OP1 for Rs.60,000/- for sale of the Electromotive bike. The purchase of the vehicle was done on 10.12.2021 by the complainant. The exhibited documents lends support to the above details. The complainant mentioned in petition about complaint before OEM dealer in April 2022 about defective product. The OP1 attended the alleged malfunction of the vehicle as admitted by complainant.

There is no trace of any cogent proof through any communication about the refusal by OP1 dealer or OP2 OEM to repair the vehicle. No photo about alleged defect in equipment is exhibited. There is not a single document which lends support to the fact that the vehicle’s defect was not attended by OP1. The allegation of the complainant about establishing the vehicle as defective is not proven. Neither any expert opinion was resorted to. This is a very weak case of the complainant.

Hence, the complaint is not allowed as  there is no merit in the complaint case.

Therefore, the case be and the same is dismissed based on merit and on contest.

There shall be no order as to cost.

Hence, it is

ORDERED

That the complaint case is dismissed on contest.

Let a copy of the order be supplied free of cost to the parties concerned.

The Final Order will be available in the following website www.confonet.nic.in.