IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
Dated this the 30th Day of September 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, Bsc, L.L.B,Member
Sri.Stanly Harold, B.A.LLB, Member
CC.103/2020
Abdul Vahid.M : Complainant
Panayil Veedu
Parambhil Palam
Pallipuram P.O
Trivandrum.
V/s
S.E.V Motors Pvt.Ltd. : Opposite party
Opp. Tip top Furniture
Polayathodu, Kollam-691021.
FINAL ORDER
E.M.MUHAMMED IBRAHIM , B.A, LL.M, President
This is a case based on a consumer complaint filed U/s 12 of the Consumer Protection Act 1986.
The averments in the complaint in short are as follows:-
On 16.03.2019 the complainant has purchased one Romai Electric Scooter from the opposite party show room. However on 21.02.2020 the battery attached to the scooter has become defective and on the next day itself the complaint intimated that fact to the opposite party who in turn informed the complainant that if the complainant is ready to pay Rs.11000/- then the opposite party is ready to replace the battery. Thereupon he told that the original battery fitted to the scooter is covered under warranty and therefore he is entitled to get the defective battery replaced by a new one under the warranty. But there upon the opposite party told that they are not ready for the same. When he told the opposite party that he is going to approach the Consumer forum the opposite party informed that battery has to be brought from Eranakulam and sought one week time to replace the battery. Accordingly on 07.03.2020 he again approached the opposite party. Thereupon they refused to replace the defective battery with a new defect free battery. They have also given that fact in writing which is also attached along with complaint. According to the complainant the opposite party company has been protracting the matter so as to elapse the warranty period, which will be over by 15.03.2020. Therefore the complainant is entitled to get the benefit of warranty and also entitled to get the defective battery replaced by a new one.
Notice was served and in response to the notice the opposite party entered appearance but they have not filed any version, though sufficient opportunity was granted. Hence the opposite party was set exparte.
Complainant filed proof affidavit and got marked Ext.A1 and A2 documents.
Heard the complainant who appeared in person and perused the records.
Ext.A1 is the invoice evidencing the sale of Falcon 60v Grey scooter to the complainant on 16.03.2013 for a total price of Rs.48,000/-. The number of the battery attached to the scooter is also stated in Ext.A1 bill. Ext.A2 is the communication dated 07.03.2020 issued by the opposite party in favour of the complainant stating that as the battery of the Falcon scooter has been bulged and hence the same cannot be replaced under service warranty coverage.
The unchallenged averments in the affidavit coupled with Ext.A1&A2 documents would establish that one Falcon Electric Scooter has been purchased by the complainant on 16.03.2019 from the opposite party company by paying ready cash Rs.48,000/- and the same has not been working since the battery of the vehicle has become defective and when the complainant approached the opposite party they refused to set right the defect of the battery or replace it by alleging that the battery has been bulged and therefore it cannot be serviced under warranty coverage. Ext.A2 is seen issued on 07.03.2016 which is admittedly within the warranty period. Bulging of battery within 1 year of its purchase itself would indicate that there is manufacturing defect. Though there is warranty only for 1 year, the battery is expected to work for 2-3 years without any serious defect. In this case the battery has been bulged within one year which would indicate that it is a sub standard product. The opposite party who sold the vehicle by fitting sub standard battery which is an important part of the Electric Scooter without which the vehicle cannot be plyed at all would definitely amount to deficiency in service. Therefore the complainant is entitled to get the defective battery replaced by a defect free and new one along with fresh warranty or in the alternative the complainant is entitled to get compensation for deficiency in service committed by the opposite party. As 2 years have already been elapsed from the date of noting the defect on the battery there is every chance of complainant replacing the battery and make use of the vehicle by fitting a new battery. Hence an order to replace the defective battery at present is not sufficient to meet the ends of justice. Therefore the complainant is entitled to get sufficient compensation from the opposite party for the deficiency in service committed by the opposite party in selling an electric scooter by fitting a substandard battery as well as for mental agony sustained by the complainant. He is also entitled to get reasonable costs of the proceedings.
On evaluating the entire materials available on record we hold that there is merit in the complaint and the same stands allowed in the following terms.
The opposite party is directed to pay compensation to the tune of Rs.15,000/- to the complainant being compensation and costs of the proceedings within 45 days from today failing which the complainant is entitled to recover the above amount along with interest @ 9% p.a from date of complaint till realization from the opposite party and its assets.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Commission this the 30th day of September 2022.
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext A1: Invoice dated 16.03.2019 for Rs.48000/-
Ext A2: Letter dated 07.03.2020 from SEV Motors Pvt.Ltd. to the complainant.
Witnesses Examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
