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 29^th  day of November 2024

CC No. 282/2024

Complainant

                        Abdulla Vaquar.M.P,

Mundichipparakkal (HO),

Chinganam Poyil,

Chamal (PO),

Kozhikode – 673 573.

Opposite Parties

1.              Manager,

R.G. Eco Motors,

East Hill Road, Bilathikulam,

Kozhikode , Wes(PO),

PIN – 673 005.

2.               Managing Director,

Hero Electric Vehicles (P) Ltd,

Plot No. 57, Udyog Vihar,

IV, Sector 18 Gurugram,

Haryana - 122 015.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows;

On 07/03/2023 the complainant purchased a PHOTON Electric Scooter of Hero Honda Company from RG Eco Motors, Kozhikode. In December 2023, the charger of the electric scooter became faulty and this was reported to the company. But till March 2024 there was no response from the company. On 28/03/2024 an employee of the company came and removed the battery of the vehicle. But till date there is no information from the company regarding the battery or charger. Hence the complaint for refund of the price of the vehicle amounting to Rs. 1,06,000/- along with Rs. 50,000/- for repairing the vehicle and as compensation for non-rendering of service.

3. The opposite parties were set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5.   PW1 was examined and Exts A1 to A4 were marked. 
6. Heard.
7. Point No 1: The second opposite party is the manufacturer of PHOTON Electric Scooter and the first opposite party is the authorised dealer. The complainant purchased a PHOTON Electric scooter on 07/03/2023 from the first opposite party.  The complainant has approached this Commission with a grievance that there was failure on the part of the opposite parties to provide proper repair /service to the vehicle.  
8. The complainant has got himself examined as PW1, who has filed proof affidavit in terms of the averments in the complaint and in support of the claim.  Ext A1 is the tax invoice date 17/03/2023, Ext A2 is the receipt  issued by the Motor Vehicles Department,    Ext A3 is the  copy of the insurance certificate and Ext A4  is the letter dated 26/2/2024 issued by the first opposite party. 
9. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and contest the matter. The opposite parties have not produced 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 regarding deficiency of service of the opposite parties stands proved through the testimony of PW1 and the documents produced and marked on the side of the complainant.
10. The complainant is seeking refund of the purchase price of the vehicle.  It is well settled that to establish the claim for total replacement of the vehicle or refund of the price, the complainant has to prove by cogent, credible and convincing evidence supported by the opinion of an expert automobile/mechanical engineer that the vehicle suffered from inherent manufacturing defect. The onus is on the complainant. But the complainant has failed to show that the vehicle is having any manufacturing defect. There is total absence of any pleadings and evidence in this regard.   In the absence of pleading and evidence regarding manufacturing defect, the prayer for refund of the price of the vehicle cannot be allowed.
11. But the evidence in hand establishes and proves that there was deficiency of service on the part of the opposite parties in the matter of service/repairs. The evidence shows that the charger of the Electric scooter was faulty and that the company had removed the battery from the vehicle. But so far they have not taken any positive steps either to replace the charger or repair the battery and redress the grievance of the complainant. Ext A4 letter of the first opposite party shows that the charger is out of stock. It is the bounden duty of the opposite parties to make available the spare parts and attend the repairs and services promptly.   The latches and neglect  of the opposite parties constitute deficiency of service.   Due to the latches in providing timely repair/services, the complainant was put to intense mental agony and inconvenience. The complainant is entitled to be compensated adequately by the opposite parties, though he is not entitled to get refund of the price of the vehicle for reasons stated above.   Considering the entire facts and circumstances,   we are of the view that a sum of Rs. 25,000/- will be reasonable compensation in this regard.   The opposite parties are jointly and severally liable. Point found accordingly.
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
    1. CC No. 282/2024 is allowed in part.
    2. The opposite parties are hereby directed to attend the repair/service  of the electric scooter of the complainant and  make it in a road worthy condition within 30 days of the receipt of copy of this order. It is made clear that the complainant shall not be required to pay any charge for the said repair. 
    3. The opposite parties are hereby directed to  pay  a sum of   Rs. 25,000/- (Rupees twenty five thousand only)as compensation to the complainant  for the   mental agony and inconvenience suffered on account of the deficiency of service of the opposite parties.  
    4. The order shall be complied with within 30 days of the receipt of copy of this order.
    5. The liability of the opposite parties shall be joint and several.
    6. No order as to costs.

Dictated to the Confidential Assistant, transcribed by her, corrected and pronounced by us in open Commission,  this the  29^th  day of November, 2024.

Date of Filing:   17.05.2024

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PRESIDENT                                              MEMBER                                                    MEMBER                                                                                                             

APPENDIX

Exhibits for the Complainant :

Ext A1 - Tax invoice date 17/03/2023.

Ext A2 - Receiptissued by the Motor Vehicles Department.

Ext A3 -Copy of the insurance certificate.

Ext A4- Letter dated 26/2/2024 issued by the first opposite party.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1  -  Abdulla Vaquar.M.P,  (Complainant).

Witnesses for the opposite party

NIL                                       

   APPENDIX

                                                                                 NIL

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PRESIDENT                                              MEMBER                                                    MEMBER                                

                                                                                    True Copy,      

                                                                                                          Sd/-  

                                                                                            Assistant Registrar.