D.O.F:06/06/2023
D.O.O:11/12/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.162/2023
Dated this, the 11th day of December 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Saeed Shafi
Saeed Manzil, Kollambady
Anangoov, Kasaragod. : Complainant
And
Ola Electric Technologies Pvt. Ltd.
Office: 657/9, 658/9, 659/9, NH 66, Vrindavan,
Kasaragod, Kerala 671123. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The facts of the case of the complainant in brief is that the complainant purchased Ola electric scooter, S1 Pro on 26/04/2023 from opposite party and at the time of purchase, the opposite party has promised to deliver the vehicle on 17/05/2023. Even after repeated requests and queries, the opposite party has failed to deliver the vehicle on 17/05/2023. The said scooter was a dream vehicle of complainant’s father and he is working abroad and was here then on vacation. At the time of purchase of the said vehicle, he was supposed to leave to his work place on 15/05/2023, since the opposite party promised to deliver the vehicle on 17/05/2023. Complainant’s father cancelled the earlier ticket and booked another flight ticket on 18/05/2023, to take delivery of the aforementioned vehicle by himself. Since the opposite party failed to deliver the vehicle on the date promised, complainant’s father suffered huge financial loss and severe mental agony. After making delay in delivery, on 31/05/2023, the opposite party has passed an email message to the complainant demanding to pay Rs.15,000/- in addition stating that the government has cut down the subsidy provided for electric vehicle, therefore, the complainant must make payment on opposite party’s account. Thereafter the complainant wanted to book a fancy number for the vehicle for the said purpose, the complainant wanted to get the application number. The complainant had repeatedly emailed to opposite party. But opposite party has failed to furnish the application number. Now the complainant is leaving to UK in the month of December 2023, so the delivery of the vehicle is not necessary hereafter. Therefore, the complainant is seeking for refund of the full amount that the complainant had paid to opposite party for the purchase of the vehicle and to pay compensation and cost of litigation.
Notice of opposite party served, but they remained absent. Name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext.A1 to A7.
The issues raised for consideration are;
- Whether there is any deficiency in service on the part of opposite party in delaying the delivery of the electric scooter?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
Here, the complainant booked an electric scooter on 26/04/2023 from opposite party and the opposite party promised to deliver the same on 17/05/2023. The purchase bill from opposite party is produced, which is marked as Ext.A1 series. At the time of booking of the vehicle, complainant’s father who was working abroad was here on vacation. The said scooter was a dream vehicle of complainant’s father. He was supposed to leave to his work place on 15/05/2023. Since it is assured by opposite party that the vehicle will be delivered on 17/05/2023, complainant’s father postponed his journey, cancelling the earlier ticket and booked another ticket on 18/05/2023 to take delivery of the vehicle by himself. Due to the delay in delivery, the complainant and his father suffered huge financial loss and mental agony. The flight ticket of the complainant’s father scheduled on 18/05/2023 is produced, which is marked as Ext.A2. The printout of the text message from opposite party promising the delivery of the vehicle on 17/05/2023 is produced, which is marked as Ext.A3. On 31/05/2023, the opposite party caused to send an email to the complainant demanding to pay Rs.15,000/- as the government has cut down the subsidiary provided for electric vehicle. So, the complainant must pay the aforementioned amount. The email is produced, which is marked as Ext.A4. Thereafter the complainant wanted to book a fancy number for the vehicle and for the said purpose complainant wanted to get the application number for which he repeatedly sent email messages to opposite party. But the opposite party has failed to furnish the application number to the complainant. The email messages sent by the complainant to opposite party are produced here, which are marked as Ext.A5, A6 and A7. Now the complainant is going to UK in the month of December 2023. So, the vehicle is not necessary for him here after. Therefore, the complainant is seeking refund of the full amount that the complainant had paid to the opposite party with compensation and cost.
Ext.A1 series proved payment of the full price of the scooter. Ext.A2 proves the postponement of the journey of the complainant’s father, in order to take delivery of the scooter. Ext.A3 is the printout of the text message sent by opposite party promising to deliver the vehicle on 17/05/2023. In the absence of rebuttal evidence, there is serious deficiency in service on the part of opposite party in non-delivering the vehicle on the promised date of delivery. The lethargic attitude of opposite party caused huge financial loss and severe mental agony to the complainant and his father. Believing the assurance of opposite party, the complainant’s father postponed his journey as he wants to take delivery of the vehicle as his own. We carefully gone through the affidavit and documents produced by the complainant. On perusal of the documents, there is gross deficiency in service on the part of opposite party, which caused severe loss and mental agony to the complainant. Therefore, the opposite party is bound to compensate the loss and agony suffered by the complainant and his family. The complainant is entitled to get refund of the price of the vehicle paid to opposite party with interest from the date of last payment till disbursement with compensation and cost. Considering the circumstances of this case, the Commission holds that an amount of Rs.25,000/- is a reasonable compensation in this case.
In the result, complaint is allowed directing opposite party to refund Rs.1,39,777/- (Rupees One lakh Thirty Nine thousand Seven hundred and Seventy Seven only) with 9% interest from 27/04/2023 till disbursement 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.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Purchase bill series
A2 – Flight ticket
A3 – Printout of the text messages
A4 – The email message sent by the opposite party
A5 – The email message sent by the complainant
A6 - The email message sent by the complainant
A7 - The email message sent by the complainant
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
