FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Case of the Complainant in a nutshell, is that, the Complainant purchased an electric scooter on 21/11/2018 by paying a sum of Rs.47,980/- from the OP2 and aninvoice is issued in favour of the Complainant in favour of the OP2. The said scooter was heating up rapidly few days after purchasing. The Complainant immediately took the said scooter to the authorized service centre of the OP2. After inspection of the said scooter the Complainant came to know that there is defect in the motor of the said scooter. As per terms and conditions of the company/service provider regarding warranty motor of thescooter was changed on 16/02/2019 but no seal was shown to the Complainant and no proper receipt was provided. Moreover the service centre charged rs.500/- for fitting the motor and tires for which no bill was provided. Thereafter on 09/07/2019 the motor of the scooter was stopped again on the road. The Complainant took the scooter in question to the service centre and after inspection it is found that not only the motor is defective but there is some defects in the batteries of the scooter also. The Complainant was asked by the personnel of the said service centre to keep the scooter in the service centre as they cannot provide the Complainant with the new parts of the scooter immediately. Few days later the Complainant said service centre called the Complainant to take back the scooter in dispute and the Complainant had to pay an amount of Rs.250/- again for fixing the parts of the scooter. While taking the delivery, the Complainant requested the OP2 to replace the scooter with a new one but the OP2 did not bother to change the defective scooter and/or resolve the issue. Thereafter the Complainant finally kept the scooter in the service centre. A Legal Notice dared 18/09/2019 has been issued by the Complainant upon the OPs seeking for a new scooter or alternatively to return the total amount of the said scooter along with compensation. OPs did not reply the said notice. Finding no other option the complainant knocked the door of this Commission.
OP1 contested the case by filing WV and denied all the allegations made in the Complaint Petition. Specific case of the OP1 is that the Complainant has suppressed material facts and not approached with clean hands. The present complaint is devoid of merits and the averments made in the Complaint Petition are baseless and do not cover the complete facts.OP1 takes extreme care in ensuring that the product completely meet the prescribed standard specification before sale of vehicle. The Complainant failed to establish any cause of action against the OP1. Hence, the present Complaint Petition is liable to be dismissed.
Upon service of notice OP 2 did not appear before the Commission to defend themselves and no WV is filed on behalf of them within stipulated period. Thus the case runs ex parte against them.
On perusal of the record it is found that in the Complaint Petition OP1 was mentioned as Okinawa Scooters at the time of filing the said petition. In the WV OP1 submitted that the name of the Company is Okinawa Autotech Private Limited, not Okinawa Scooters. As per this submission the Complaint Petition is Amended vide order dated 25/11/2021.
Evidently the Complainant bough the Scooter in dispute from the OP2 on 21/11/2018 by paying an amount of Rs.47,980/-.On scrutiny of the records it is noticed that said scooter was under service of the OP2 which was delivered to the Complainant after service on 16/02/2019. OP1 submitted that they take extreme care in ensuring that the product completely meet the prescribed standard specification before sale of vehicle. But the photocopy of the service report dated 16/02/2019 of the said scooter issued by the OP2 it is stated that:
We sale one Okinawa ridge scooter Mr. Bikash Chakraborty, add – k-13, pushpasree housing D H ROAD, KOLKATA – 700008. CH No. – M5WBDFBBJJ1108386 AND MOTOR NO – BDF108386.
February – 19 his ridge scooter motor has not working, we tasted and change his motor for warranty purpose, change motor no – 1234812301765y0570bli60070. On dated 16.02.2019.
Therefore, aforesaid submission of the OP1 has no leg to stand.
Ld. Advocate for the Complainant alleged that from the Scooter in dispute is defective. Controverting this allegation OP1 submitted that the Complainant has suppressed the material facts. But no documentary evidence is adduced by the OP1 along with their WV. Even they have failed to file Affidavit in Chief despite getting several opportunities. In absence of evidentiary documents on the part of the OPs we can safely state that allegations made in the complaint petitions deemed to have been admitted as correct. Service Report dated 16/02/2019 issued by the OP2 to the Complainant clearly reveal that there is a negligence and deficiency in service on the part of the OPs.
Under the above facts, the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief as prayed for.
Based on the discussion above, we disposed of the instant consumer case in the following terms:-
- OPs are directed to either replace the Scooter in dispute with the new one or jointly and severally refund Rs.47,980/- to the Complainant .
- OP is further directed to make payment of Rs.20,000/- as compensation for mental agony caused to the complainant due to deficiency in service.
- OP is also directed to pay Rs.10,000/- as cost of litigation to the complainant.
- Above payments shall be made within 06 weeks from the date of this order failing which the refund amount shall carry interest @9% per annum from the date of the order till realization.
Consumer case is thus allowed on contest against the OP1 and on ex parte against the OP2 and disposed of as per above observation.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order within stipulated period in a separate petition.
Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
