DATE OF DISPOSAL: 29.04.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in services and unfair trade practices together for negligent attitude against the Opposite Parties (in short the O.Ps.) and for redressal of his following grievance before this Commission –
- Direct the opp. Party no.1 Berlin India Energy & Technology (P) Ltd., at Gurgaon to exchange the defective battery supply with new one; or to refund the entire amount of Battery Lithium ion along with Bank interest to complainant till disposal of this case.
- Direct the opp. Parties are being vicariously liable to pay compensation to the complainant a tune of Rs.20,000/- (Rupees Twenty Thousand) only for deficiency in service and unfair trade practices and negligent attitude.
- Direct the opp. Parties to pay litigation cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant.
- And such other and further relief as the respected Commission deems fit and proper in the facts and circumstances of the proceedings.
2. The complainant has purchased one two wheeler on 02.02.2021 vide invoice no.:114, falcon Brand vide Motor No.BLM1250011917450 Frame No. BL Falcon 02745, Lithium Ion Battery No.6022202008060119 Charger No.335000797 from the opposite party M/s Jyoti Motors opp. Party no.2 by paying a sum of Rs.70775/- (Rupees Seventy Thousand Seven hundred seventy five) only towards the cost of two wheeler with 36 months warranty period, issued by opp. Party no.1 and no.2 from the date of delivery for personal use. While using the said new branded two wheeler, and during enforcement period of one year of warranty of the product the complainant faced numerous problems like the said two wheeler did not move/function properly for travelling, due to defective battery always given trouble to the vehicle and the complainant in the middle of roads while plying and created inconvenient to the complainant several times. To rectify the defects of vehicle, the opposite party was approached, the opposite party no.2 who have observed the defect and promised to the complainant to rectify the defects observing and mentioned ‘Battery discharges suddenly’ lithium ion battery will sent to manufacturing company for repair/rectification purpose and the opposite party no.2 issued an acknowledgement to the complainant vide Job Card no.:JM/23/323, Dated:03.07.2023 and returned the same on 13.07.2023 with a promise stating rectified the defect in battery as Annexure-C. Again the complainant faced same trouble of Lithium ion battery of the two wheeler after some days of above rectification by repair. Accordingly, the complainant approached both the opposite parties and informed the op no.1 through whatsapp messages. During these periods, the complainant faced the same problem for six times. The opposite party no.1 through its representative Mr. Hitesh Kumar advised the complainant to approach with opp. Party no.2 to redressal of the dispute by exchange of defective battery with new one. But the opposite party no.2 violating the terms and conditions of warranty card did not pay any heed to it. In the result, the said two wheeler of the complainant remained in the house of the complainant for not rectifying of the Battery by the opposite parties timely which are tantamount to deficiency in services and unfair trade practices on the part of the opposite parties. Being aggrieved, the complainant approached the Commission to redressal of his grievance as prayed for.
3. The Commission admitted the case and issued notice to the O.Ps but did not appeared the either opposite party no.1 and opposite party no.2 and also not challenged the complaint in the instant case.
4. On the date of hearing the Authorised Representative of the Complainant and the complainant in person present in the Commission but the opposite parties did not appear at all since receipt of the notice of the Commission and no steps also filed after providing several opportunities to them in the instant case.
We perused the complaint petition, evidence on affidavit and written argument and the materials placed on it and have also thoughtfully considered the same in the interest of the justice.
On analyzing the evidences filed by the complainant, it is revealed in Annexure – C the opposite party no.2 has received the defective battery to send to the company for repair on 03.07.2023 and handed over an acknowledgement to the complainant but the op no.2 did not provided any services to the complainant within stipulated time period. The complainant waits for indefinite period to get back the rectified battery from the opposite parties or replaced with new battery. In the result, said two wheeler became damaged being stand idle for longer period. The complainant in person submitted during the final hearing that, in constraint he purchased another two wheeler for his personal purpose.
Considering the sole testimony and evidences adduced by the complainant as above, the Complaint is allowed against the opposite parties. The opposite parties who are jointly and severally liable to refund the amount of the Lithium Ion Battery No.;6022202008060119 of the Falcon Brand Two Wheeler to the complainant together with directed to pay compensation of Rs.15,000/- and litigation cost of Rs.5000/- to the complainant within 45 days from the date of receipt of the order.
In the event of non-compliance of the above order by the opposite parties, the entire dues shall carry interest @ 12%p.a from the date of filling of the case i.e., Dated:21.08.2023 till the actual date of realization is made by the opposite parties. And the complainant is at liberty to realize the entire dues with interest as above from the opposite parties in accordance to the Consumer Protection Act, 2019.
This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 29.04.2024
