D.O.F : 28/11/2023
D.O.O : 31/07/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.377/2023
Dated this, the 31st day of July 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Suresh Kumar K K, aged 46 years
S/o NV Narayanan,
R/at varakkod House,
Munnad Village, Bedadka
Kasaragod – 671313.
(Adv: Shajid Kammadam) : Complainant
And
- Okinawa Auto Tech Pvt. Ltd
Unit No. 651654, 6th Floor,
JMD Megapolis sector 48,
Sohna Road, Gurgaon (122018)
Haryana, India
Rep by authorized person.
- Metwell products
2118/TMC/XVII/2118,
Behind KVR Vehicles
Post office road, Taliparamba
Kannur – 670141.
Rep by authorized person. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is a police officer, he was in search of two wheeler vehicle and by seeing the wide publicity given by the Okinawa Auto tech Pvt. Ltd in social media, the complainant decided to purchase the same. Accordingly he approached opposite party No.2 in their Kanhangad showroom and booked the vehicle on 14/4/2022. The dealer assured of timely and quality services. Thus the complainant purchased the electric scooter on 20/4/2022. As per the terms, the customers can avail 3 free RSA services. Among the free services, customers can use 2 free towing services. The complainant paid Rs. 97,950/- as the price of Praise Pro electric scooter. On delivery of the vehicle, the complainant has been handling the vehicle with proper care. In April 2022, opposite party No.1 announced that they will recall 3215 Praise Pro scooters with immediate effect for battery related issues. The company offered full health check-up camps for power packs. Further they assured that the batteries will be inspected for loose connections or other damage and announced to give free services. The complainant regularly availed the service, the first service on 26/5/2022, second paid service on 11/6/2022, third paid service on 21/9/2022 and fourth service on 28/2/2023. But the performance of the bike was not improved. In the meanwhile, they closed down the service station in Kanhangad. There after the complainant’s vehicle met with battery failure on 2/5/2023. The battery had warranty for 36 months. But the opposite party failed to provide services under warranty scheme. The complainant is deprived of peace of mind and had suffered loss and hardships. Even though the complainant tried to contact opposite parties, they neither attended nor resolved. The allegation of the complainant is that, the supply of defective vehicle at huge price and failure to cure the defect adversely affected the mobility of the complainant. Complainant purchased the vehicle to meet his travelling requirements. The defect of the vehicle constrained him to depend public transportation. The cause of action for the complaint arose on 2/5/2023 (the date of purchase) at Kanhangad, within the jurisdiction of this commission. Therefore the complainant is seeking direction against opposite parties to pay Rs. 2,00,000/- (Rupees Two lakhs only) as compensation with cost of litigation to the complainant after due enquiry.
The notice served to opposite party No. 1 and the notice of opposite party No.2 returned stating intimation served. Name of both opposite parties called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 & A2. Heard the complainant. The main questions raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite parties as alleged in the complaint?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
The questions 1,2,3 can be discussed together. The complainant who decided to purchase a two wheeler was influenced by the vide publicity of Okinawa Auto tech Pvt Ltd. in social media. Thus the complainant approached the licensed dealer opposite party No.2 in their Kanhangad showroom and booked the vehicle on 14/4/2022, believing the assurance given by opposite party No.2 regarding quality services. The complainant purchased the electric scooter Praise Pro on 20/4/2022. The copy of the invoice is marked as Ext. A1. The complainant remitted the road assistance program by remitting Rs. 3,000/-. As per the terms, the customers can avail 3 free RSA services. The registration certificate of the vehicle is also produced which is marked as Ext. A2. In April 2022, the opposite party No.1 announced that they will recall 3215 Praise Pro scooters with immediate effect to address any battery related issues and announced full health checkup camp for power packs and assured that the batteries will be inspected for loose connections and other damage, they offered free service at licensed dealership of Okinawa Company. But it was only a bogus promise. The complainant had regularly availed services, but the performance of the bike was not improved. In the meanwhile, the opposite party closed down the service station in Kanhangad. After this, the complainant’s vehicle experienced battery failure on 02/05/2023. The battery is under the warranty of 36 months. The complainant tried to invoke the warranty. But the opposite parties neither responded, nor replaced. The opposite parties failed to honor the offer under the warranty scheme. This made the complainant mental agony and hardships. In the absence of rebuttal evidence, the act of opposite parties amounts to unfair trade practice and deficiency of service which caused severe mental agony, physical strain and emotional insult to the complainant. Hence, he is entitled for relief. Complainant purchased the vehicle to meet his travelling requirements as a professional. Non availability of the vehicle constrained to him to depend on public transportations.
The claim of the complainant is for a compensation of Rs. 2,00,000/- along with cost of litigation. The price of the vehicle as per Ext. A1 is Rs. 97,950/-. Complainant is entitled for interest at 9% from the date of purchase, ie, from 20 April 2022 till payment with a compensation of Rs. 25,000/-.
Therefore, the complaint is partly allowed, directing opposite parties to refund Rs. 97,950/- (Rupees Ninety Seven thousand Nine hundred and fifty only) with 9% interest from 20/04/2022 till payment along with a compensation of Rs. 25,000/- (Rupees Twenty Five thousand only) and cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order. On receiving the compensation, the opposite party can take back the product.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Invoice
A2 – copy of the registration certificate
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
