Orissa

Cuttak

CC/54/2023

Piyalle Khatua - Complainant(s)

Versus

Managing Director,Motovolt Mobility Pvt Ltd - Opp.Party(s)

self

26 Oct 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.54/2023

 

Piyalee Khatua,

            Represented through father guardian Binoy Kumar Khatua,

At:Bidyadhar Lane & Complex,P.S:Purighat,

            P.O:Buxi Bazar,Dist:Cuttack-753001.                               ... Complainant.

 

          Vrs.

 

1.     Motovolt Mobility Pvt. Ltd.,

                       Represented through its Managing Director,

                       At:23A, Netaji Subhas Road, 8^th Floor,

                       Kolkata-700001.

 

2.     Proprietor,

                      Ushaba Traders,Nuapada,Nayabazar,

                      Cuttack-753004.                                                                   ...Opp. Parties.                                   

 

 

   Present:      Sri Debasish Nayak,President.

          Sri Sibananda Mohanty,Member.

 

  Date of filing:    16.02.2023

  Date of Order:  26.10.2023

 

  For the complainant:           Self.

     For the O.Ps                :          None.

 

     Sri Debasish Nayak,President     

Case of the complainant as made out from the complaint petition in short is that she had purchased one Yellow Colour Electric Foldable Cycle (ICE(Regular) Smart with GPS sim connected on 17.3.2022 from the O.P no.2 whose battery was found to be defective on 15.5.2022. The matter was informed telephonically by the complainant to the O.Ps but no action was initiated by either of the O.Ps.  The complainant being a minor, her father had purchased the said cycle for her by paying a sum of Rs.30,500/- on 17.3.2022.  There was warranty period on the said purchased e-bicycle, but still the defect was not removed by the O.Ps even if the complainant had gone many a times to the showroom of O.P no.2 and had made repeated phone calls to the O.Ps in the said matter.  It is for the said reason, the complainant has come up with her case seeking refund of the cost of her e-bicycle to the tune of Rs.30,500/- alongwith compensation to the tune of Rs.2,00,000/- towards her mental agony and harassment and further a sum of Rs.30,000/- towards cost of her litigation.  She has also prayed for any other reliefs as deemed fit and proper.

          The complainant has filed copies of certain documents alongwith her complaint petition in order to prove her case.

2.      Having not preferred to contest this case, the O.Ps have been set exparte vide order dated 26.4.2023.

3.      The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Point no.ii.

  Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the contents of the complaint petition so also the written notes of submission filed by the complainant and copies of documents as available in the case record, it is noticed that as the complainant is a minor, the father of the complainant had purchased one Yellow Coloured Electric Foldable Cycle (ICE(Regular) Smart with GPS sim connected cycle for her by paying a sum of Rs.30,500/- on 17.3.2022.  The battery of the said e-bicycle was found to be defective within two months of it’s purchase for which the complainant contacted the O.Ps many times but of no avail.  According to the complainant, there was warranty on the battery of the said e-cycle for twelve months and she has also filed the copy of warranty vide Annexure-2.  When there is warranty on the battery of the said e-bicycle of the complainant, the O.Ps are bound to repair or replace the defective battery with a new one.  Hence, by not replacing the defective battery of the e-bicycle of the complainant, the O.Ps are found to be deficient in their service for which they are liable here in this case.  Accordingly, this point goes in favour of the complainant.

Points no.i & iii.

From the discussions as made above, the case of the complainant is undoubtedly maintainable and she is definitely entitled to the reliefs as claimed by her.

                                                          ORDER

The case is allowed exparte in part against the O.Ps who are found to be jointly and severally liable here in this case,  The O.Ps are thus directed to repair the electric bicycle of the complainant to her satisfaction or in the alternative replace the  battery of the e-bicycle of the complainant with a new one of same model and price  to the complainant.  The O.Ps are also directed to pay  a sum of  Rs.50,000/- towards  compensation to the complainant for her mental agony and harassment and also to pay  a sum of Rs.20,000/- towards the cost of her litigation.   This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 26^th day of October,2023 under the seal and signature of this Commission. 

                                                                                      Sri Debasish Nayak

                                                                                                 President

 

                                                                          Sri Sibananda Mohanty

                                                                                                       Member