SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OPs to take back the scooter and refund the amount which paid by the complainant along with interest that is Rs.1,50,000/- to the complainant.
Complaint in brief :-
On 9/7/2021, the complainant purchased electric scooter manufactured by Okinawa from 1st OP on the assurance that the vehicle get warranty for 36 months or upto 30000 KMs. After 15 days of the purchase, the complainant registered a complaint with regard to the vehicle with 1st OP and after 3 days the complaint was rectified. But, unfortunately complainant faced frequent complaints with the vehicle which was neglected and unattended by OPs. The defect arise within the warranty period of the vehicle. The said electric scooter covered only 14000-KMs and also 16 months passed after the purchase of electric scooter for the purpose of transportation of her children to their school and due to the frequent defects arise with the vehicle and the unattended complaint lead to monetary loss as well as hardship to the complainant and hence this complaint.
After filing the complaint, commission sent notice to both OPs. The both OPs are received the notice and not appeared before the commission and not filed any version. The commission had to hold that the OPs have no version as such in this case came to be proceed against the OPs as set exparte.
Even though, the opposite parties have remained ex-parte, it is for the complainant to establish the allegation made by her against the OPs. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce her affidavit along with 4 documents marked as Exts.A1 to A4 and Ext.C1 . Ext.A1 is the copy of RC, Ext.A2 is the tax invoice issued by OPs, Ext.A3 is the insurance certificate and Ext.A4 is the owner’s manual issued by OPs and Ext.C1 is the expert commission report and photos. The complainant was examined as PW1. So the OPs are remain absent in this case. At the end the commission heard the case on merit.
Let us have clear glance at the relevant documents of the complainant. On the perusal of evidences before the commission, as Ext.A1 , complainant is the registered owner of the vehicle mentioned in the complaint. Ext.A2, indicates the purchase price of the vehicle mentioned in the complaint. Ext.A3 is the insurance certificate issued by Oriental insurance company. According to Et.A4, it is seen that the said vehicle get warranty coverage of 36 months from the date of purchase. According to Ext.A2 , the purchase of vehicle is on 8/7/2021. As per the complaint and proof affidavit, the complainant alleged that the defect of the vehicle frequently arise within 16 months of usage. Hence, it can be presumed that on the basis of available evidence, the defect arise within the warranty period. Accordingly Ext.C1 reveals that the said vehicle is designed to use only in leveled roads not hilly roads and hence the vehicle may get defects. On the perusal of photos affixed with Ext.C1 report, it is seen that the vehicle is not in a condition to use and it was not used for a long time. On meanwhile, complainant filed a memo stating that OP was ready to pay Rs.75,000/- to complainant and they take back the vehicle. But after that the complainant continuous with the complaint as the terms of memo was not complied by OP. The commission is in the view that the alleged vehicle covered 14000 Kms and it may have wear and tear, hence complainant is entitled to get Rs.75,000/-. The OP get fair chance to appear and defend the case they choose to remain exparte. From all these evidences this commission came into a conclusion that complainant suffered deficiency in service from the part of OPs.
In the result complaint is allowed in part. The opposite parties are directed to pay Rs.75,000/- to the complainant and take back the scooter from the custody of complainant and also the opposite parties are directed to pay Rs.5000/- as compensation and cost to the complainant within 30 days of receipt of this order. In default , the amount of Rs.75,000/- carries interest@ 10% per annum from the date of order till realization . Failing which complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1-RC
A2-Tax invoice
A3-Insurance certificate
A4-User manual
Ext.C1- commission report
PW1-Deepa- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
