DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday, the 27th day of September 2024
CC. 46/2024
Complainant
Suresh Kumar. A.C,
Nandanam House,
Chengatpadamparambu,
Nagathumpadam Road,
Olavanna Post, Nr. Pala Kurumba Temple,
Kozhikode -673 019.
Opposite Parties
- Haridasan,
BRE Electric Vehicle LLP,
68/433 Ground floor, Jaslu Centre,
West Hill, Kannur road,
Kozhikode – 673 005.
- Mr. Asokan,
BRE Electric Vehicles LLP,
3/2377 A Karunakeerthi,
Pavangad - Puthiyangadi (PO),
Elathur, Kozhikode-673 021.
- Amith,
CEO, BenlingIndia Energy and Technology Pvt Ltd,
Plot No. 291-A, INT Manesar,
Gurugram – 122053 (Haryana).
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant purchased an electric scooter (Aura Natural Grey) from the first opposite party on 26/02/2022. But the periodic maintenance and service is a crisis now as the dealership outlet at Kozhikode was closed down one year ago without any knowledge to the customers. The customers including the complainant are under mental trauma now. On contacting the first opposite party his behaviour was not good. When the complainant tried to reach out to the second opposite party, he is not available and not even answering repeated telephone calls. He has purchased the vehicle availing bank loan. The vehicle has been on breakdown since 12/01/2024. Hence the complaint seeking compensation of Rs. 50,000/- and to direct the opposite parties to provide a permanent full-fledged service centre for repair and maintenance of the vehicle.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are; 1) Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite parties, as alleged? 2) Reliefs and costs.
- PW1 was examined and Exts A1 and A2 were marked.
- Heard.
- Point No 1: PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the tax invoice dated 26/02/2022 and Ext A2 is the bank statement.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and to contest the matter. The opposite parties have not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2.
- It is the duty of the opposite parties to ensure facilities to carry out periodical maintenance and repairs of the vehicle. By discontinuing and denying the said facility, the opposite parties have indulged in unfair trade and business practice and it amounts to deficiency of service also, as result of which, the complainant was put to intense mental agony and hardship as he is not able to use his vehicle. The complainant deserves to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 35,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs. 8,000/- as cost of the proceedings. The opposite parties are jointly and severally liable.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.46/2024 is allowed.
b) The opposite parties are hereby directed to pay a sum of Rs. 35,000/- (Rupees thirty five thousand only) as compensation to the complainant.
c) The opposite parties are directed to make available adequate facilities for the service/repairs of the electric scooter of the complainant.
d) The opposite parties are directed to pay a sum of Rs. 8,000/- (Rupees eight thousand only) as cost of the proceeding to the complainant.
e) The payment as afore stated shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of Rs. 35,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.
f) The liability of the opposite parties shall be joint and several.
g) The order shall be complied with within 30 days of the receipt of copy of this order.
Pronounced in open Commission on this, the 27th day of September, 2024.
Date of Filing: 24/01/2024
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1- Tax invoice dated 26/02/2022.
Ext A2 - Bank statement.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Suresh Kumar. A.C (Complainant).
Witnesses for the opposite party
NIL
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar
