SMT. MOLYKUTTY MATHEW : MEMBER

              This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to pay Rs.5,00,000/-  as compensation  for mental agony, physical strain and cost to the complainant for the deficiency of service and unfair trade practice on the part of opposite parties.

The case of the complainant in brief

            The complainant had purchased an electric scooter Aura with Reg. No.KL 58 AE 2227 worth Rs.1,08,000/- as per the invoice No.234 dated 03/05/2021, invoice No.245 dated 29/05/2021.  The complainant is working as a software engineer in Stim institution at Melechovva and her husband is working as a photographer.  The complainant had purchased the vehicle only on believing the advertisement and assurance of OP 1 and 2 that the vehicle is free from all defects and will be provided effective and speedy after sale service.  On July 2023 the vehicle shows the defect of battery charging issue.  Then the complainant approached OP No.2 and he told that it will clear after 1 ½ months.  Then OP No.2 promised an old spare charger to the complainant as temporary use.  Then the complainant paid Rs.5,000/- to OP No.2 and provided spare charger to use till the original charger replaced saying that the original charger will be given back after repair and then the said amount will be refunded.  But OP No.2 not repaired the charger.  The OP also offered 120 KM/per fully charged battery at the time of purchase.  But never get 120 Km.  For running 100KM it is to be charged for 4 hours per day to get the battery fully charged before the defect.  So the mileage that got before repair reduced to 30 KM and the complainant was not able to complete her daily journey.  Then the complainant filed a complaint before the Kannur town police on 03/10/2023 against OP No.2.   But the OP No.2 not appeared before the police station and not refund the amount of Rs.5,000/- also.   Thereafter the complainant’s husband travelled by the scooter from his house to Moonuperiya on 18/09/2023 for taking photographic in one marriage function.  Suddenly the charger failed and the scooter is in off condition.  So the complainant is not in a position to attend the marriage function.  On 20/12/2023 also the same position occurs.  Then the complainant entrusted the defective battery to OP No.3 on 21/12/2023.  But the OP No.3 is not in a position to rectify the defects of the battery within the warranty period.  From 21/12/2023 itself the vehicle is kept idle without using as there is no charge.  So the complainant and her family is compelled to hire auto rickshaw from day to day journey from her house to the office spending huge amount.  The act of OPs the complainant caused much mental agony and financial loss.    So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

            After filing this complaint notice issued to all OPs.  All OPs received the notice and not appeared before the commission and not filed their version.  Hence the commission had to hold that the OPs are absent and set ex-parte.

Even though the OPs have remained ex-parte, it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 9 documents marking them as Ext.A1 to A9.  The complainant was examined as Pw1.  So the OPs remains absent in this case.  At the end the commission heard the case on merit. Ext.A1 is the Tax invoice No.234 dated 03/05/2021 for an amount of Rs.69,000/-.   Ext. A2 is the invoice No.245 dated 29/05/2021 for an amount of Rs.38,000/-.  Ext.A3 is the vehicle order dated 07/04/2021 and paid Rs.1000/- as advance.  It clearly shows that the complainant had purchased the electric scooter for a total amount of Rs.1,08,000/-.  In Ext.A4 is the warranty card and it shows the Battery 36 months for lithium ion battery and the charger one year.  Ext.A5 is the copy of RC, Ext.A6 is the complaint receipt to Kannur Town Police Station, Ext.A7 is the complaint copy to Kannur Town police station dated 03/10/2023.  Ext.A8 is the Tax invoice dated 12/07/2023 issued by OP No.2 to complainant for an amount of Rs.5,000/-.  Ext.A9 is the Whats App screenshot send by Vellara motors to complainant.  So the OPs are directly bound to redressal the grievances caused to the complainant. Therefore we hold that the OP No.2 is liable to refund Rs.5,000/- to complainant and OPs 1 to 3 are jointly and severally liable to cure the defects of the vehicle to replace a new battery free from all defects and in a road worthy condition of the electric scooter with free of cost along with Rs.20,000/- as compensation for mental agony caused to the complainant and Rs.5.000/- as litigation cost within 30  days of receipt of this order.  In default the amount of Rs.20,000/- carries 12% interest per annum from the date of order till realization.  Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exts.

A1  - Receipt dated 03/05/2021

A2- Receipt dated 29/05/2021

A3- Vehicle order dated 07/04/2021

A4- Warranty card

A5- Registration certificate

A6- Complaint receipt to Kannur Town Police

A7- Complaint copy to Kannur Town Police

A8-Receipt dated 12/07/2023

A9-Screenshot dated 21/12/2023

     Sd/                                                                                 Sd/                                                          Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                                Assistant Registrar