SMT. MOLYKUTTY MATHEW : MEMBER

            This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund the value of vehicle, compensation for mental agony caused to the complainant and cost of litigation for a total amount of Rs.1,30,000/- to the complainant for the deficiency of service and unfair trade practice on the part of opposite party.

The brief of the complaint

                 The complainant had purchased an electric scooter Route E Rush with an invoice No.56 worth Rs.74,000/- dated 07/10/2021 from the OP.  At the time of purchasing the vehicle the OP has given 3 year battery warranty and motor has 2  year warranty also.  The complainant has purchased the vehicle only on believing the advertisement and assurance of the OP that the vehicle is free from all defects and will be provided effective and speedy after  sale service.  The vehicle was delivered on 07/10/2021.  But after purchase of one year the vehicle shows the defect of battery charging issue.  Then the complainant approached the OP and states that within the warranty period the battery is not working.  Then the OP states that the defective battery will be entrusted the OP’s office and within one week new battery will be replaced in the vehicle.  Then on 10/01/2021 the complainant entrusted the defective battery to OP’s office.  But the OP is not in a position to rectify the defects of the battery within the warranty period.  From 10/01/2023 itself the vehicle is kept idle without using as there is no battery.  So the complainant and his family is compelled to hire auto rickshaw from day to day journey from his house to other places.  Several times the complainant approached the OP’s office for the new battery.  But the OP is not ready to replace a new battery in the complainant’s vehicle.  Thereafter the complainant filed a complaint before Taliparamba DYSP against OP.  But the OP not appeared before the police station and not replace a new battery also.   The act of OP the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

                 After filing this complaint notice issued to OP.   OP received the notice and not appeared before the commission and no version filed.  Hence the commission had to hold that the OP is absent and set ex-parte.

               Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking them as Ext.A1 to A4.  The complainant was examined as Pw1.  So the OP remains absent in this case.  At the end the commission heard the case on merit.

              Let us have a clear glance at the relevant document of the complainant.  Ext.A1 is tax invoice No.56 dated 07/10/2021 for an amount of Rs.74,000/-.  In Ext.A2 is the warranty card and the battery having 3 year warranty.  Ext.A3 is the complaint filed before DYSP Taliparamba. Ext. A4 is the receipt issued by Taliparamba sub Divisional office of police dated 02/04/2024.  So the OP is directly bound to redressal the grievance caused to the complainant.  Therefore, we hold that the OP is directed to cure the defects of the vehicle to replace a new battery free from all defects and in a road worthy condition of the electric scooter with free of cost along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.

                 In the result the complaint is allowed in part directing the opposite party to replacing a new battery in the electric scooter with free of cost and make the scooter in a road worthy condition to the complainant  or to refund Rs.36,000/- as the value of battery to the complainant.  Opposite party is further directed to pay Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. 36,000/- carries 12% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

A1-   Tax invoice datd 07/10/2021

A2 – Warranty card

A3 – Complaint to DYSP Taliparmaba

A4-   Receipt issued by Sub Division Office, Taliparamba dated 02/04/2024

PW1-Ravikumar -complainant

     Sd/                                                                                 Sd/                                                            Sd/

PRESIDENT                                                                 MEMBER                                               MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar