C.C. No.246/2023

Sunil Kumar Swain,

S/o. Sankar Swain,

At.- Gopa,

P.O./P.S./Dist.- Jagatsinghpur.                            ……………. Complainant

                              (Versus)

1. M/s. Proprietor,

Royal World Automobile,

At- College Chhak,

P.O./P.S./Dist.- Jagatsinghpur.

2. The Manager, EeVe,

Omjay EV Limited,

S 245, Mancheswar,

Dist.- Khurda- 751010. …..… Opposite parties

For Complainant………..Mr. N.R. Mohapatra & Associates

For O.P. No.1………..Mr. S. Mishra & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                   JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to replace the vehicle with a new one and pay compensation Rs.20,000/- towards litigation fees and Rs.1,00,000/- towards harassment”.

            The brief fact of the case is that, the complainant has purchased E-bike on 06.7.2021 from the opposite party No.1 by paying cost of Rs.77,500/- and the warranty period of the vehicle was up to 04.8.2026. On 29.5.2023 when the said bike was in the house suddenly the battery of the vehicle was burst and was burnt partly for which the complainant reported the matter to the opposite party No.1 immediately. On 30.5.2023 some local agents of the company came to the spot and inspected the vehicle and taken the photographs of the said vehicle and assured the complainant to replace the vehicle within 2 to 3 days. But till date in spite of several requests of complainant neither the opposite party No.1 nor the opposite party No.2 has taken any step for replacement of the vehicle.   

            Opposite party No.1 has entered his appearance and filed his written version stating as under;

            The opposite party No.1 who is only authorizes to sale and service of the e-bike and in the warranty card it is very clear the warranty period for a period of two years or 20,000 k.m. whichever is earlier from the date of purchase. It is mandatory to avail all services from the EeVe authorized workshop only, as per the recommended schedule to be eligible for warranty benefits. The complainant have not completed his 3^rd service and onwards service and he has not avail all services for which he is not entitled for eligible warranty benefits. The complainant has not made the insurance company as a party and no information/intimation given to the local police or to the fire station regarding burning damage of e-bike and the facts stated in the complain petition is a suspicious story. 

            Notice to opposite party No.2 was sent but opposite party No.2 has not appeared and set ex-parte on 31.01.2024 but the opposite party No.1 i.e. the dealer has appeared and filed his written version who has no role in manufacturing defect.  

            It is alleged by the complainant that the vehicle was burnt but there is no report from fire department or complainant lodged complain before insurance to claim the insurance when it is compulsory to insure the vehicle.

            Taking into consideration the aforesaid facts the opposite party No.2 is directed to repair the vehicle and extend the warranty for one year from the date of repairing. If the opposite party No.2 fails to repair the vehicle then the opposite party No.2 shall pay cost of Rs.10,000/- to complainant. The entire exercise shall be completed within two months from the date of receipt of the order. The opposite party No.1 being the dealer has only sold the vehicle is not responsible for any manufacturing defect or setting fire in the vehicle, so opposite party No.1 is free from any compensation, but if the opposite party No.1 is still continuing as the dealer shall take step to coordinate with opposite party No.2 to settle the dispute. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 6^th Sept.,2024.