DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 4th day of March, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER. : SRI. KRISHNANKUTTY N .K, MEMBER. Date of filing: 10.10.2023.
CC/274/2023
1 Sakkiyudheen.M.S, - Complainant
MC Manzil, Kariyakkunnu,
Puthucode P.O, Palakkad,
Pin-678 687.
(Party-In-Person)
Vs
1. OLA Electric Mobility Private Limited, -Opposite Parties
Regent Insignia, #414,
3rd Floor, 4th Block,
17th Main, 100 Feet Road,
Koramangala, Bangalore,
Karnataka-560 034.
2. Ola OLA Experience Centre, Alathur,
Noor Plaza, Court Road,
Alathur, Palakkad,
Kerala-678 541.
(For OP1 & OP2 by Adv.Manoj Ambat)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant purchased an OLA S1 Pro Model Electric Scooter on 07.07.2023 from the 1st opposite party. The vehicle bearing Registration No.KL 49 P 4817 was delivered to the complainant on 17.07.2023. The complainant encountered a series of persistent issues with the scooter, such as malfunctioning of the meter, network connectivity issues, malfunctioning of lock etc. Though the issues were taken up with the 2nd opposite party and their Palakkad service centre, the issues remained unresolved. On 30.08.2023, the scooter became completely inoperable. When complaint was lodged with Ola customer care, they took the vehicle for repair on 4th September, 2023. But the vehicle has not been returned sofar after repair. Though a complaint was ledged with National Consumer Helpline, it did not yield any result. The complaint was closed without actually resolving the issue. The complaint lodged with Alathur Police was also not fruitful. Aggrieved by this, this complaint is filed seeking a total compensation of Rs.2,06,684/- towards, cost of vehicle, interest on vehicle loan availed, financial loss & legal expenses.
2. Notices were issued to the opposite parties. They entered appearance, but did not file their version within the statutory period. Hence, they were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A7 as evidence. Ext.A1 is the loan sanction letter, Ext.A2 is the loan account statement, Ext.A3 is the SB account statement, Ext.A4 is the copy of RC, Exts.A5 & A6 are the proceedings of the National Consumer Helpline and Ext.A7 is insurance certificate of the vehicle.
4. In the absence of any counter pleadings from the side of the opposite parties, the merits of the case is to be decided only on the basis of the proof affidavit and documents marked from the side of the complainant. As the opposite parties were not giving proper response to the complaints made by the complainant, he approached the National Consumer Helpline (Exts.A5 & A6) where the complaints were closed by the opposite parties without actually solving the issues. This show how indifferent is the approach of the opposite parties in resolving an issue raised by the complainant.
From the series of incidents narrated in the proof affidavit, it is evident that the complainant had been running from pillar to post to get the problems of the vehicle resolved and the opposite parties not only miserably failed in attending to them to the satisfaction of the complainant but closed the complaint in National Consumer Helpline. This amounts to deficiency in service or unfair trade practice for which the complainant is to be compensated.
5. As a primafacie case is proved against the opposite parties, the complaint is allowed ordering the following reliefs;
1) The opposite parties are jointly and severally liable to refund the original cost of the vehicle Rs.1,80,000/- along with interest @ 10% p.a. from 07.07.2023 till the date of payment.
2) The opposite parties are directed to pay Rs.25,000/- for deficiency in service and financial loss.
3) The opposite parties are also directed to pay Rs.10,000/- as cost of litigation.
Pronounced in open court on this the 4th day of March, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: The copy of the letter of sanction of loan dated 06.07.2023.
Ext.A2: The copy of the loan account stated dated 18.01.2024.
Ext.A3: The copy of the SB Account statement dated 18.01.2024.
Ext.A4: The copy of the RC.
Ext.A5: Proceedings of complaint file before consumer help line dated 17.09.2023.
Ext.A6: Proceedings of complaint file before consumer helpline dated 30.09.2023.
Ext.A7: Insurance certificate issued by Go Digit General Insurance dated 09.07.2023.
Cost : 10,000.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure)Regulations, 2020 failing which they will be weeded out.
