PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 176/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Kshirod Kumar Panda, Aged about 71 years, (SC)

S/O-Late Kastu Panda,

R/O-At-Sankundhesara PO-Nuaburda, Ps-Jamankira,

Dist-Sambalpur-768112, Odisha.

Mob-7328091204                                                                   ….…......Complainant.

                                    -Vrs.-  

1. Hira E-Wheels,

At-Panchagachhia near State Bank of India, Baraipali, Sambalpur,

Dist-Sambalpur-768006, Odisha

Mob No. 8808845652, 7205239523

2. COSBIKE, Corporate office

Situated at Plot No.122, Sector-4, I.M.T. Manesar,

Dist-Gurugram, Haryana-122050,

And Current Address of the manufacturing Units of Said Company is (1) Unit-1, At- Village DhamandriTeshsil, Dist-Una, Himachal Pradesh (India) & (2) Unit 2- Plot No.122, Sector-4, I.M.T., Maneswar, Dist-Gurugram, Haryana-12250

.…………........Opp.Parties

Counsels:-

1. For the Complainant      :- Sri. M.P. Panda & Associates
2. For the O.P. No.1                           :- Sri. J.R. Pradhan & Associates
3. For the O.P. No.2                           :- Ex-parte

Date of Filing:16.10.2023,  Date of Hearing :16.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The Complainant brought this complaint against the O.Ps alleging deficiency in service and violation of the warranty conditions. The Complainant purchased cosbike fusion two wheeler bearing chasis No. 187202012100125 Motor No. 201200310, Battery No. 60V24AH231* 185* 252 mm charger No. DPEVLIU6572 vide invoice No. INV 420 for Rs. 62,490/- on 04.03.2021 from O.P. No.1. Three years warranty on battery was given but when complaint made the O.Ps remained deaf. Being aggrieved complaint was filed.
2. The O.P. No.1 in reply submitted that the O.P. No.1 is the authorised dealer of COSBIKE, the O.P. NO.2. The Complainant on 05.09.2023 came and complaint about mileage. The technician found the battery working properly and suggested for a new charger. The Complainant purchased new charger for Rs. 4300/- vide Tax invoice No. HEW/23.24/0132 dated 05.09.2023. The Complainant never came to take free service benefits nor filed the service book. The warranty of the battery is up to 04.03.2024. To get a new battery this Complaint has been filed.
3. The O.P. no.2, manufacturer has been set ex-parte.
4. The Complainant filed Tax invoice dated 04.03.2021 in support of purchase of the vehicle. The Complainant alleged Battery No. 60V24AH231*185*252mm defective within the period of warranty i.e. 3 years. The O.P. No.1 submitted that except on 05.09.2023 the Complainant has never come to the dealer point for servicing. The complainant not submitted any free servicing proof. From servicing details it can be ascertained that whether the vehicle has been used as per instruction of the manufacturer or not. The Complainant failed to prove that the vehicle has been used as per instruction in the manual and serving made time to time. No any deficiency in service established against the O.Ps. Accordingly, the complaint has not merit and dismissed.

Order pronounced in the open court on 18^th day of June, 2024.

Supply free copies to the parties.