D.O.F:13/09/2022
D.O.O:10/01/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.213/2022
Dated this, the 10th day of January 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Abdulla kunhi. C.H,
S/o. C.H.Mohammed,
Chathappady House, : Complainant
P.O.Nekraje - 671543
Kasaragod
And
- Dananjayan Nambiar,
Route Auto Electric Pvt.Ltd,
Near New Bus Stand
Opposite Kalyan Silks,Payyannur
P.O. Payyannur – 670307
: Opposite Parties
- Pushparaj
Route Auto Electric Pvt. Ltd,
National Highway,
Kuttikol, Taliparamba,
P.O.Taliparamba- 670562
ORDER
SMT.BEENA.K.G : MEMBER
The case of the Complainant is that he has purchased an electric scooter from Opposite party No.2 for Rs.73,000 on 21/2/2021. The opposite party No.1 is the owner of the shop. The opposite parties offered 1 year warranty to the scooter and 3 years warranty to the battery. After 5 months of purchase, the battery of the scooter became defective and the vehicle was not in a position to use. As the back wheel of the vehicle became jam, it was not in running condition also. The vehicle was kept idle waiting the opposite party for repair. Thus many of its parts became defective. The complainant contacted the opposite party company many times directly and through phone but, all those attempts became vein due to the non-cooperation of the opposite parties. Hence this complaint for necessary redressal.
Notice to opposite parties served. But they remained absent, name of opposite parties called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the document produced is marked as Ext.A1. Ext A1 is the proforma invoice issued by Opposite party.
The question raise for consideration :
- Whether there is deficiency in service on the part of opposite parties
- If so, what is the relief ?
For convenience question No.1 and 2 can be discussed together. Here the complainant purchased an electric scooter from opposite parties believing the assurance given by them for warranty. The opposite party offered 1 year warranty to the scooter and 3 years warranty to the battery. Unfortunately after five months of purchase the scooter became defective, its back wheel became jam. the complainant contacted opposite parties to cure the defects but they did not heed to the complainant. Due to the latches on the part of opposite parties in repairing the vehicle in time, many parts of the scooter became defective as it is kept idle. The complainant produced Ext.A1 invoice to prove the purchase of the scooter from opposite party. In the absence of rebuttal evidence complainants case stands proved. The Opposite parties are liable to repair the vehicle as and when it is demanded by the complainant during warranty period. But opposite parties evaded from their liability. Failure to repair the vehicle during warranty period amounts to deficiency in service. The complainant was under gone huge loss and mental agony due to the negligence on the part of opposite parties. The complainant is entitled to get compensated his loss and agony. Hence the complaint is eligible for relief. The opposite parties are bound to refund the price of the scooter with compensation and cost.
In the result complaint is allowed directing the opposite parties to refund Rs.73,000/- (Rupees Seventy Three Thousand only) with a compensation of Rs.20,000/- (Rupees Twenty Thousand only) and cost of Rs.5,000/- (Rupees Five Thousand only) to the complainant. The opposite parties jointly and severally liable to compensate the loss of the complainant.
Time for compliance is 30 days from receipt of the copy of this judgment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: Proforma Invoice
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
