DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/248/2022
Date of Institution: 08.12.2022
Date of Decision: 03.07.2024
Tejinder Singh son of Sh. Amarjit Singh resident of Ward No. 8, Quila Patti, Handiaya, Tehsil and District Barnala, Punjab. Mobile No. 93175-20009.
…Complainant
Versus
1. M/s Ola Electric Technologies Private Limited, Regd. Office: #414, 3rd Floor, Regent Insignia, 4th Block, 17th Main, 100 Feet Road, Koramangla, Bengalore, Karnataka, 560034, India, through its Director/Authorized/Signatory Person/Representative.
2. M/s Ola Electric Technologies Private Limited, Plot No. 84-B, Industrial Area-A, Extension, Ludhiana, Punjab, through its Manager/Authorized/Signatory Person/Representative. Pincode-141001.
…Opposite Parties
Complaint under Section 35 of the Consumer Protection Act, 2019
Present: Sh. Arshdeep Singh Arshi counsel for complainant.
Sh. Anuj Mohan counsel for opposite parties.
Quorum.-
1. Sh. Ashish Kumar Grover : President
2. Smt. Urmila Kumari : Member
3. Sh. Navdeep Kumar Garg : Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against M/s Ola Electric Technologies Private Limited, Regd. Office: #414, 3rd Floor, Regent Insignia, 4th Block, 17th Main, 100 Feet Road, Koramangla, Bengalore, Karnataka, 560034, India, through its Director/Authorized/Signatory Person/Representative & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant saw an advertisement of scooter being made by opposite party, on 'Facebook' application, which is installed in the complainant's mobile via his registered mobile No. 98773-74659, where the complainant ordered the electric scooter having variant 'Ola S1' to purchase the same vide order/Reservation ID “OET-823015208290822-CUA479” on 29.8.2022, and the complainant selected 'jet black' colour of the electric scooter (also known as 'Ola-Scooter) ordered, and he made the booking by paying Rs. 499/- for the said ola-scooter. It is further alleged that the total value of the said ola-scooter was shown to be paid Rs. 99,999/- (Ex. Showroom price). Thereafter, the complainant made further payment of Rs. 31,314/- as down-payment of the scooter in question out of the total amount of Rs. 1,33,724/- on 4.10.2022 and the said remaining amount of the said ola-scooter was got financed from IDFC First Bank Ltd. Thereafter, on 6.10.2022 at 12:05 AM, the said ola-scooter ordered by the complainant was delivered to the complainant at Handiaya, District Barnala by the employees of the opposite party No. 2 and the said ola-scooter is now having registration No. PB-32E-6222. At the time of delivery of the said electric scooter the complainant asked them why did they not bring the scooter with black colour as he had ordered 'jet black' colour scooter but they delivered the complainant a wrong product, upon which no reply was given by the said person/employee and stated that they have been instructed only to deliver the scooter in question to the complainant and they cannot do anything. Thereafter, the complainant sent mails to the opposite parties for sending 'jet black' colour scooter to him and to replace it with white colour scooter, upon this they replied that the mail of the complainant that “please note that no change can be made to your order post full-payment”. Thereafter, the complainant made many efforts and many visits to opposite party No. 2 to change the colour of the said scooter with jet black, but no satisfactory reply has been given by the opposite party No. 2. It is further alleged that as per advertisement published on the social-media 'Facebook' and official website of the opposite parties they causing misleading to the general public by telling lie in their advertisement that scooter being sold by the opposite parties claims its average/mileage/Range of the ola-scooter (Electric) Model S-1 @ 128 kilometers in ECO Mode, @ 102 kilometers in normal mode after having its battery being full-charged and further the opposite parties company claims the Top-Speed @ 95 kilometer per hour, while after using the same it comes to know that the average/mileage/Range of the ola-scooter (Electric) in question is just 65 kilometers on full-charged battery (in both modes i.e. normal and ECO modes). The above said act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-
- The opposite parties may kindly be directed to replace the electric/ola scooter in question having 'white' colour with new electric ola scooter of 'jet black' colour as ordered by the complainant.
- To pay the amount of Rs. 50,000/- as penalty to send the wrong and defective piece as the opposite parties at first send the ola-scooter in question with wrong colour and the same was given to the complainant by the opposite parties after providing false advertisement in respect of mileage.
- To pay Rs. 1,00,000/- as compensation on account of financial loss inflicted to the complainant.
- To pay Rs. 1,00,000/- on account of mental tension agony, physical harassment and financial loss suffered by the complainant and his family members and Rs. 25,000/- as costs of the proceedings.
3. Notice was sent to the opposite parties No. 1 & 2 on 15.12.2022 but they failed to appear and were proceeded against exparte vide order dated 18.1.2023. But on 18.10.2023 Sh. Anuj Mohan Advocate filed power of attorney alongwith an application on behalf of the opposite parties for filing written statement by adjoining the proceedings and the opposite parties were allowed to join the proceedings at the stage of arguments without filing any written statement and evidence vide order dated 5.1.2024.
4. In order to prove the case the complainant tendered into evidence copy of Reservation confirmation Ex.C-1, copy of Screenshot Ex.C-2 (containing 2 pages), copy of payment receipt Ex.C-3, copy of Invoice Ex.C-4 (containing 3 pages), copy of RC Ex.C-5, copy of Shipped bill Ex.C-6, copy of insurance Ex.C-7 (containing 2 pages), copies of screenshot of Emails Ex.C-8 to Ex.C-11, his own affidavit Ex.C-12 and report of mechanic Ex.C-13 and closed the evidence.
5. We have heard the learned counsel for the parties and have gone through the record on file. Written arguments filed by opposite parties.
6. At this outset, the Ld. Counsel for the complainant has argued that the complainant saw an advertisement of scooter being made by opposite party, on 'Facebook' application, which is installed in the complainant's mobile via his registered mobile No. 98773-74659, where the complainant ordered the electric scooter having variant 'Ola S1' to purchase the same vide order/Reservation ID “OET-823015208290822-CUA479” on 29.8.2022, and the complainant selected 'jet black' colour of the electric scooter (also known as 'Ola-Scooter) ordered, and he made the booking by paying Rs. 499/- for the said ola-scooter (as per Ex.C-1). It is further argued that the total value of the said ola-scooter was shown to be paid Rs. 99,999/- (Ex. Showroom price) and the complainant made further payment of Rs. 31,314/- as down-payment of the scooter in question out of the total amount of Rs. 1,33,724/- on 4.10.2022 and the said remaining amount of the said ola-scooter was got financed from IDFC First Bank Ltd. It is also argued that on 6.10.2022 at 12:05 AM, the said ola-scooter ordered by the complainant was delivered to the complainant at Handiaya, District Barnala by the employees of the opposite party No. 2 and the said ola-scooter is now having registration No. PB-32E-6222 and at the time of delivery of the said electric scooter the complainant asked them why did they not bring the scooter with black colour as he had ordered 'jet black' colour scooter but they delivered the complainant a wrong product, upon which no reply was given by the said person/employee and stated that they have been instructed only to deliver the scooter in question to the complainant and they cannot do anything. It is argued that the complainant sent mails to the opposite parties for sending 'jet black' colour scooter to him and to replace it with white colour scooter, upon this they replied that the mail of the complainant that “please note that no change can be made to your order post full-payment”. It is further argued that the complainant made many efforts and many visits to opposite party No. 2 to change the colour of the said scooter with jet black, but no satisfactory reply has been given by the opposite party No. 2. It is further argued that the opposite parties claims its average/mileage/Range of the ola-scooter (Electric) Model S-1 @ 128 kilometers in ECO Mode, @ 102 kilometers in normal mode after having its battery being full-charged and further the opposite parties company claims the Top-Speed @ 95 kilometer per hour, while after using the same it comes to know that the average/mileage/Range of the ola-scooter (Electric) in question is just 65 kilometers on full-charged battery (in both modes i.e. normal and ECO modes).
7. Ld. Counsel for the opposite parties argued that the complainant has not produced true, actual and relevant facts before this Commission. It is further argued that the complainant had purchased the vehicle from opposite parties on 29.8.2022 and the same was delivered on 6.10.2022. It is also argued that the complainant raised concerns about receiving a different colour variant of the vehicle that what was originally ordered. The complainant initially ordered porcelain white colour (colour variant) in Electric Scooter which was duly delivered to him. It is further argued that in accordance with terms and conditions, requests for colour changes cannot be accommodated once the invoice has been generated. Therefore, it is evident that the present grievance stands null against the opposite parties as the opposite parties have already delivered the desired colour variant to the complainant.
8. The first allegation of the complainant is that at the time of delivery of the said electric scooter the complainant asked the employee of opposite parties that why did they not bring the scooter with black colour as he had ordered 'jet black' colour scooter but they delivered the complainant a wrong product and to prove this fact the complainant has placed on record copy of screenshot Ex.C-2 vide which it is mentioned that the “Scooter reserved on 29 August 2022 and it is further mentioned that “Color and variant selection Jet Black- Ola S1”. Further, the complainant sent mails to the opposite parties for sending 'jet black' colour scooter to him and to replace it with white colour scooter, upon this they replied the mail of the complainant that “please note that no change can be made to your order post full-payment” and to prove this fact the complainant has placed on record copies of emails Ex.C-8 to Ex.C-10. The another allegation of the complainant is that at the time of booking the above said scooter the opposite parties claims its average/mileage/Range of the ola-scooter (Electric) Model S-1 @ 128 kilometers in ECO Mode, @ 102 kilometers in normal mode after having its battery being full-charged and further the opposite parties company claims the Top-Speed @ 95 kilometer per hour, while after using the same it comes to know that the average/mileage/Range of the ola-scooter (Electric) in question is just 65 kilometers on full-charged battery (in both modes i.e. normal and ECO modes). In this regard the complainant has placed on record copy of screenshot of email Ex.C-11 vide which it is mentioned that Home Charging Time (100%) 5hr. It is further mentioned that True Range (Eco Mode) 128km and True Range (Normal Mode) 102km. Further, to prove his case the complainant has also placed on record report of Mechanic Jatinder Kumar Ex.C-13 which is as under;-
“It is to certify that I have been working as Mechanic of scooter/motorcycles etc. including electric-vehicles, under the name and style of M/s Nona Auto (Workshop) at Handiaya (Barnala) for 15 years. Recently, Mr. Tejinder Singh son of Sh. Amarjit Singh resident of Handiaya (Barnala) has given me his vehicle i.e. Ola scooter bearing registration No. PB-19U-9382, about 15 days back to estimate the mileage of this electric-vehicle and since that day, I have been using this OLA-Scooter (electric vehicle) and after observing the condition of the same such as mileage etc. It comes to know that the average/mileage of this OLA scooter is between the range of 62-66 kilometers on full-charge battery (in both modes i.e. Normal and ECO Modes)”
9. On the other hand, the opposite parties have failed to place on record any evidence to rebut the case of the complainant as the opposite parties were remained exparte and joined the proceedings on 5.1.2024 at the stage of arguments without filing written statement and evidence. So, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice.
10. In view of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to replace the electric/ola-scooter in question having 'white' colour with new electric ola-scooter of 'jet black' colour as ordered by the complainant. The opposite parties are further directed to pay an amount Rs. 15,000/- on account of consolidated amount of compensation as well as litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
3rd Day of July, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
