Orissa

Cuttak

CC/233/2022

Manoj Kumar Swain - Complainant(s)

Versus

Bhavish Agarwal,Director,Ola Electric Mobility Pvt Ltd - Opp.Party(s)

S S Chaini & associates

02 May 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.233/2022

 

Manoj Kumar Swain,

S/O:Ramachandra Swain,

Residing At/Vill:Naaranpur,P.O:Belagachhia.P.S:Barang,

Dist:Cuttack,Odisha.                                                                ... Complainant.

 

                                                                Vrs.

                                    Ola Electric Mobility Private Limited

Represented through Director Bhavish Agarwal,

At: Regent Insignia, 414,3nd Floor,4^th Block

                               17^th Main,100 feet Road,

                              Koramangala ,Bangalore,State:Karnataka,

                               Pin-560034.                                                                     ...Opp.Party

 

Present:               Sri Debasish Nayak,President.

                            Sri SibanandaMohanty,Member.

 

               Date of filing:     16.11.2022

               Date of Order:    02.05.2023

 

For the complainants:          Mr. S.S.Chaini,Adv. & Associates.

For the O.P.               :                 None.

 

Sri SibanandaMohanty,Member.            

The case of the complainants in short is that he had booked a “Ola S- 1” Scooter through Ola Website on 24.8.22 and had paid to the O.P no.1 Rs.1,16,280/- on 3.9.22 in two phases towards the cost of the said scooter.  The said scooter has been registered in the name of the complainant by R.T.O bearing Regd. No.OD-05-BG-6671 dt.26.9.22, so also the said vehicle was insured in the name of the complainant.  But the O.P is not delivering the said sooter to the complainant inspite of his repeated correspondences through mail with him.   The further case of the complainant is that as the O.P is not delivering the scooter to him, his daily work and business is hampering and he is sustaining loss.  So the complainant has filed the present case with a prayer for a direction to the O.P to deliver his scooter to him and to award compensation amount of Rs.4,00,000/- towards mental agony, physical harassment and financial loss as well as the cost of his litigation.

The complainant has filed copies of some documents in order to prove his case.

2.         Having not contested the case, the O.P has been set exparte vide order dt.21.2.2023.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service as well as unfair trade practice on the part of the O.P?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

It reveals from the documents filed by the complainant that he had booked an Ola S1 Scooter through Ola Website and had paid Rs.1,16,280/- in two phases to the O.P on 3.9.22.  Thereafter the O.P registered the said scooter in the name of the complainant bearing Regd. No.OD-05-BG-6671 in the office of the R.T.O.  The insurance policy reveals that one new Ola electric scooter was registered in the name of the complainant covering the risk from 24.9.22 to 23.9.2023.  The e.mail correspondences reveals that till 13.10.2020 the scooter of the complainant was not delivered to the complainant  although the documents of the vehicle including the Registration certificate were made available by that time with the complainant and the O.P had regretted for the delay and the inconvenience for delivery of scooter.  The complainant made several queries through e.mail and represented the O.P to deliver his scooter but till filing of the case, the O.P could not be able to deliver the scooter to him so also did not assign any reason for non-delivery of the same.  The complainant had already paid the cost of the scooter to the O.P but the O.P has not provided the scooter to him till filing of the case before this Commission.  Hence, it is a clear case of deficiency of service on the part of the O.P. as well as in this way the O.P has also practised unfair trade.

Points no.i& iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence, it is so ordered;

                                                   ORDER

The case is allowed exparte against the O.P.   The O.P is thus directed to deliver the booked Ola S 1 scooter of the complainant bearing Regd. No.OD-05-BG-6671 to him or in the alternative to refund him the cost of the Scooter i.e. Rs.1,16,280/-.  The O.P is also directed to pay interest @ 9% per annum on Rs.1,16,280/- from 3.9.2022 till the amount is quantified.  The O.P is also further directed to pay a sum of Rs.2,00,000/- to the complainant towards mental agony and physical harassment caused to him as well as a sum of Rs.20,000/- towards cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 2^nd  day of May,2023 under the seal and signature of this Commission.             

                                                                                                  

                                                                                                        Sri Sibananda Mohanty

                                                                                                                      Member

 

                                                                                                        Sri Debasish Nayak

                                                                                                                 President