By Sri. Mohamed Ismayil.C.V, Member
1.The grievance of the complainant is as follows:-
After the payment of price of an Ola Electric Scooter made on 17/02/2022, the opposite parties delivered the vehicle on 08/04/2022 to the complainant. The complainant had remitted altogether Rs. 1,16,107/- (Rupees One lakh sixteen thousand one hundred and seven only) to the opposite parties. But, on 03/05/2022, the scooter became defective as it did not get moved. The subject scooter had covered only 1009 kilometres until then. The complainant contacted customer care centre for rectifying the defect and the service centre assured that the vehicle would be taken for repair work on the very next day. But the opposite parties did not taken the vehicle for repair work even though the complainant had made repeated requests. After 10 days, i.e, on 13/05/2022, the service centre collected the vehicle for repair work. But the vehicle did not returned so far. The complainant has stated that as per advertisement, the opposite parties assured of doing repair work within hours after reporting the complaint. It is also alleged that the vehicle lacked features as promised in the advertisements. The complainant stated that he had suffered a lot within one month of its purchase. The complaint alleged that the opposite parties failed to treat him as a consumer. So the complainant filed this complaint before the Commission to redress his grievances. The complainant prayed to get refunded the amount spent for the vehicle with interest and also claimed Rs. 4,00,000/- (Rupees Four lakh only) from the opposite parties as compensation for the sufferings of mental agony and hardship due to the act of the opposite parties and cost of the proceedings.
2. The complaint admitted on file and notices were issued to the opposite parties. The opposite parties appeared before the Commission and filed version.
3. The opposite parties are the manufacture of the subject vehicle. In the version, the opposite parties contended the complaint is not maintainable and the complainant had suppressed material facts and alleged falsehood. The opposite parties admitted the fact of purchase of the vehicle by the complainant. It is further stated that the vehicle was delivered on 08/04/2022 to the complainant after satisfying the condition of the vehicle by the complainant. It is also stated by the opposite parties that they had provided Road Side Assistance to the complainant on 10/05/2022 and taken the custody of the vehicle and transported to Coimbatore by covering 130 kilometres on 13/05/2022. The opposite parties averred that the Motor Control Unit of the subject vehicle was defective and same was replaced by the opposite parties and vehicle was delivered back to the complainant on 28/05/2022. The opposite parties contended that since 28/05/2022, the complainant is using the vehicle without any defect. The opposite parties are denied the allegations that the vehicle was useless and no consideration for the consumer was given to the complainant. It is claimed by the opposite parties that they are committed to the highest quality of standards in the vehicle and has become a market leader in the electric vehicle segment in short span of 6 months time. The opposite parties prayed for dismissal of the complaint.
4. The complainant and the opposite parties are filed affidavit in lieu of their respective evidence. The complainant produced documents to prove his contentions and marked as Ext. A1 to Ext. A8 documents. Ext. A1 document is the copy of email letter sent by the opposite parties showing the delivery of the vehicle in favour of the complainant. Ext. A2 document is the copy of registration certificate of the subject vehicle showing the ownership in favour of the complainant. Ext. A3 series documents are the copies of risk assumption letter and Insurance Policy Schedule. Ext. A4 document is the copy of wedding invitation letter of a close relative of the complainant showing wedding ceremony had held on 13/05/2022. Ext. A5 document is the copy of vehicle condition report dated 08/08/2022 issued by the opposite parties to the complainant. Ext. A6 documents are copies of payment receipts showing the payment made on two occasions as Rs. 20,000/-(Rupees Twenty thousand only) and Rs. 95,608/- (Rupees Ninety five thousand six hundred and eight only) respectively. Ext. A7 document is the copy of receipt issued by the opposite parties at the time of taking possession of the vehicle for repair work from the complainant. Ext. A8 document is the copy of receipt dated 19/05/2022 showing the delivery of vehicle from the service centre. No documents are produced by the opposite parties.
5. Heard both sides in detail. The Commission gone through all documents and affidavits of the parties. The Commission considered following points for its adjudication.
- Whether the opposite parties are committed deficiency in service towards the complainant.
- Relief and cost.
6. Point No.1 & 2:-
The complainant alleged that electric scooter purchased from the opposite parties became defective within one month of time from the date of purchase after covering only 1009 kilometres. The complainant produced Ext. A6 series document to show the payment made for purchasing the subject scooter. The complainant also produced Ext. A1 document to reveal the delivery of the vehicle in favour of the complainant by the opposite parties. Ext. A2 document produced by the complainant clearly shows the ownership of the subject vehicle in favour of the complainant. The complainant stated that the subject scooter did not get moved on 03/05/2022 and he contacted with the opposite parties for repair work. But it was not taken for repair work as promised by the opposite parties. It is averred by the complainant that the vehicle was taken for repair work only on 13/05/2022 and did not returned the vehicle after the completion of repairment until 15/05/2022. The complainant produced Ext. A7 document to show the possession of the vehicle taken by the opposite parties from the complainant for repair work. So the complainant approached the Commission and filed the complaint on 17/05/2022 alleging deficiency in service from the side of the opposite parties.
7. The opposite parties admitted purchase of vehicle by the complainant as stated in the complaint. But it is stated that the opposite parties provided road side assistance to the vehicle on 10/05/2022 and taken custody of the vehicle and transported to Coimbatore by covering 130 kilometres on 13/05/2022. The opposite parties also admitted that Motor Control Unit of the subject vehicle was defective and same was replaced by the opposite parties and vehicle was delivered back to the complainant on 28/05/2022 and since then complainant is using the vehicle without any defect.
8. In the evaluation of evidence, it can be found that a delay was occurred from the side of the opposite parties in rectifying the defect of the vehicle. The opposite parties admitted that there was defect to the Motor Control Unit and it was replaced. So the pleading of the complainant that the subject vehicle was found defective on 03/05/2022 as it became stalled is found correct. The complainant had specifically stated in the complaint and affidavit that the defect was found on 03/05/2022. But there was no specific denial from the side of the opposite parties with regard to date of alleged defect took place. It is also alleged by the complainant that he was continuously contacted the opposite parties to rectify the defect, but not properly responded by the opposite parties. According to the complainant, he could not make use the vehicle for the marriage function of his relative. The complainant produced Ext. A4 document to show the date of marriage. The opposite parties did not confronted with Ext. A4 document before the Commission. At the same time, in the affidavit of the opposite parties, it is averred that the complainant was wilfully not taken back the repaired vehicle even though the repair work was completed on 13/05/2022. But in the version, the opposite parties did not spoke out as the repair work was completed on 13/05/2022. So, it is found that there is considerable delay occurred in rectifying the defect of the vehicle from the side of the opposite parties. On the basis of above narrated facts and circumstances, the Commission finds that the opposite parties committed deficiency in service towards the complainant and thereby caused mental agony and hardship to him.
9. The complainant claimed refund of money from the opposite parties. According to the complainant, the subject vehicle became defective within a short span of time. But Ext. A8 document produced by the complainant shows that subject vehicle was taken back on 19/05/2022 from the opposite parties i.e, after filing of this complaint. The complainant also produced Ext. A5 document to show that the subject vehicle again became defective and complaint was attended by the opposite parties. But the complainant failed to state the nature of defect before the Commission. Moreover there is no expert evidence to prove the alleged manufacturing defect of the vehicle. So the Commission declined to make an order to refund the price of the vehicle to the complainant.
10. The allegations of change in the specification of the vehicle need to be proved with evidence. Ext.A2 document shows that vehicle is belonged with the model of Ola S1 PRO. Ext. A3 series document also shows that vehicle belonged in the model of Ola S1 PRO. But as per Ext. A1 document, the vehicle is Ola S1 model. It is stated by the opposite parties that the vehicle was delivered after the inspection and consequent satisfaction of the complainant. In the complaint, the complainant did not specifically state anything about the difference of model between Ola S1 and Ola S1 Pro. The allegation of delivery of different model of the vehicle was averred only in the affidavit. Moreover the complainant did not take any step to bring out the evidence with regard to the model of vehicle delivered to him by the opposite parties. Further it can be also seen that the complainant also failed to bring out evidence e on the aspect of what was the model he intended to purchase from the opposite parties. So the Commission also decline to consider pleading of the complainant on that aspect. The complainant has succeeded in proving deficiency in service committed by the opposite parties with regard to the defect of vehicle occurred on 03/05/2022. The Commission allows the complaint partly in the following manner:-
- The opposite parties are directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as compensation to the complainant for the deficiency inservice committed by the opposite parties.
- The opposite parties are also directed to pay Rs. 5,000/- (Rupees Five thousand only) to the complainant as the cost of the proceedings.
The opposite parties shall comply this order within 30 days from the date of receipt of copy of this order otherwise the entire amount shall carry 9% interest per annum, from the date of order till its realisation.
Dated this 9th day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A8
Ext. A1 : Document is the copy of email letter sent by the opposite parties showing
the delivery of the vehicle in favour of the complainant.
Ext. A2 : Document is the copy of registration certificate of the subject vehicle
showing the ownership in favour of the complainant.
Ext. A3 : Series documents are the copies of Risk Assumption Letter and Insurance
Policy Schedule.
Ext. A4 : Document is the copy of wedding invitation letter of close relative of the
complainant showing wedding ceremony had held on 13/05/2022.
Ext. A5 : Document is the copy of vehicle condition report dated 08/08/2022 issued
by the opposite parties to the complainant.
Ext. A6 : Documents are copies of payment receipts showing the payment made in
two times as Rs. 20,000/-(Rupees Twenty thousand only) and Rs. 95,608/-
(Rupees Ninety five thousand six hundred and eight only) respectively.
Ext. A7 : Document is the copy of receipt issued by the opposite parties at the time
of taking possession of the vehicle for repair work from the complainant.
Ext. A8 : Document is the copy of receipt dated 19/05/2022 showing the delivery of
produced by the opposite parties.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
