SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to refund  Rs.1,40,928/- as the  purchase expense of the Electric scooter and Rs.144164/- as the compensation for mental agony and other expenses  caused to the complainant for the  deficiency of service and unfair trade practice  on the part of OPs.

  The brief of the complaint :

       The complainant had purchased an Ola six+brand electric scooter Reg.No.KL13-AX7968&chasis NO.P53BADCA8D4A22372dtd.12/2/2024, invoice  No.KL27111536 dtd.14/2/2024.  At the time of purchasing the scooter the complainant have no ready cash with  him and the sales manager arranged Kotak finance vehicle loan for 24 months  tenure with an equal EMI of Rs.5872/-.  Subsequently the scooter was delivered to the complainant  on 22/2/2024.  The said vehicle was normal functioning for next 8 days. On 1/3/2024 in the morning the screen display as installing which remained there for hours and later the vehicle got switched off.  Then the complainant raised an online complaint  No.02326080 on Ola website dtd.1/3/2024 to support for its service.  After hours of wait and in the afternoon the vehicle was carried  away from his home on a towing  vehicle, arranged by Ola electric, to its service centre located at Mele Chovva.  On 5/3/2024 the vehicle repaired at their service centre.  Thereafter on 7/3/2024 the complainant was riding the scooter on a main road, the scooter got switched off in the middle of the road and in front of speedy private bus.  Fortunately the bus driver could apply his break and save the  complainant.  Since the vehicle could not be left unattended with a great difficulty pushed the vehicle till his home.  Thereafter on 16^th  March 2024 and 27/3/2924 the scooter became unserviceable  as the system of the scooter was not  allowing to change the parking status to ride mode to run the vehicle the complaint again raised a towing and repair request for the vehicle and complaint No.02589465.  On the same day after 4 hours wait, the same towing vehicle which was arranged by the Ola Electric carried away the scooter to same service centre.  So the complainant has opted to purchase the Ola Six+electric scooter  since he was using 10 years old petrol scooter which was using  a 10 years old petrol scooter  which was losing its efficiency  in petrol consumption.   On 1/4/2024 the vehicle is kept idle in the Ola Electric  service centre, Mele chovva Kannur as the machine is facing multiple and incurable defect.  The complainant is compel to take the  10 years old petrol scooter from day to day journey and he spend huge amount .  The act of  OPs the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

           After filing this complaint, notice  issued to all OPs . All OPs received the notice and not appeared before the commission and not filed their  written version also.  Hence the   commission had to hold that the OPs  are absent and  set  exparte.

    Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents. Then on 4/7/2024 the complainant has filed an expert application to inspect the vehicle and  filing a report.  The commission allowed the petition and Mr.Bineesh.K is appointed as the expert commissioner.  Then the expert examined the vehicle and filed a report before the commission and marked as Ext.C1.  Accordingly the complainant has  produced  9 documents marked  as Exts.A1 to A9. The complainant  was examined as PW1.  So the OPs remain absent in this case.  At the end the Commission heard the case on merit.

     Let us have a clear glance at the relevant documents.  Ext.A1 is the tax invoice dtd.14/2/2024 issued by 1^st OP for an amount of Rs.1,26,779/-(total value after GST).  Ext.A2 is the Reliance two-wheeler policy total premium payable as monthly Rs.6615/-.  Ext.A3 is the tax invoice dtd.14/2/2024 for an amount of Rs.7849/-.  Ext.A4 is the tax invoice dtd.16/2/2024 for an amount of Rs.2887/-.  Ext.A5 is the payment confirmation dtd.12/2/2024 for an amount of Rs.2237/-.  Ext.A6 is the Kotak Mahindra Finance mobiles register details dtd.16/2/2024.  Ext.A7 is the service message from Ola dtd.5/3/2024.  Ext.A8(series) is the Ola Scooter towing photographs dtd.7/3/2024 and 27/3/2024.  Ext.A9 is the details of mails sent to OPs.  Ext.C1 is the expert report.  As per Ext.C1 the defects noted as electronic sensor malfunction, battery issues and mechanical issues. The specific issues are (1) unable to  change password (The scooter is key less and password protected.  The present password is same when the scooter was delivered.  This password could not  be changed  and pose security and safety risks (2) unable to change to riding mode from parking mode-facing regular issues(3) Battery drains off 20-30 percent during normal riding itself(4) unusual friction noise from handle neck of the scooter.  Observable symptoms:- sensor issues, unchanged password , loss of  battery charge during normal ride and unusual  noise from the handle neck.  Frequency of occurrence: occurs every time when the  scooter is used.  So the  curing of the  defect in free service is not in effect.  Then the OPs are directly bound to redressal the grievance caused to the complainant.  Therefore we hold that  the OPs 1 to 3 are jointly and severally liable to refund the value of  electric scooter with other expenses for  Rs.1,44,164/- to the complainant along with Rs.10000/- as compensation  for mental agony caused to the  complainant and  Rs.5000/- as litigation cost.

           In the result, the complaint is allowed in part directing  the opposite parties 1 to 3   are jointly and severally liable to refund the value of  electric scooter with other expenses for  Rs.1,44,164/-(Rs.1,40,928/- + Rs.3236/-(Rs.999+Rs.2237/-) to the complainant along with Rs.10000/- as compensation  for mental agony caused to the  complainant and  Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs. 1,44,164/- carries interest@ 12% per annum  from the date of order till realization.  Failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.  After compliance of the said proceedings the opposite parties are at liberty to take back the vehicle bearing  registration No.KL13-AX-7968 Chassis No. P53BADCA8DAA22372  from the complainant.

Exts:

A1- Tax invoice

A2- Tax invoice dtd.14/2/24

A3-RTO Registration

A4-Invoice dtd.16/2/24

A5- Ola booking invoice dtd.12/2/24

A6- Kotak Mahindra finance mobiles reg.details dtd.16/2/24

A7-Service messages from Ola dtd.5/3/24

A8(series) Ola scooter towing photographs dtd.7/3/24 and 27/3/24

A9- Details of mails sent to Ola electric  technology

C1-Expetreportc

PW1-Jyothirmayi Patteth- complainant.

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR