PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-173/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Tanmaya Kumar Patel,

S/O-Bhesaja Kumar Patel,

Postal Assistant(Circle Office),

O/O-The Postmaster General, Sambalpur Region

Dist-Sambalpur-768001, Odisha.                                   ….…......Complainant.

                                    -Vrs.-  

1. OLA Experience Centre, Sambalpur,

Ground Floor, City Centre Mall, Farm Road,

Modipara, Sambalpur-768003.

2. OLA Electric Technology Pvt. Ltd., Hosur Road, Karamangala Bangalore-560095 .…………........Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- ex-parte

Date of Filing:11.10.2023,  Date of Hearing :01.07.2024  Date of Judgement : 30.07.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the case of the Complainant is that the Complainant had reserved one OLA SL Air Electric Scooter by paying Rs. 1000/- on 21.04.2023 and waited for opening of purchase window which would be notified by OLA.  The purchase window opened on 27.07.2023 and the Complainant had to pay the total amount Rs. 1, 18,188/-. As the amount is higher than Rs. 1 lakh, the Complainant would not able to pay through UPI at a time. But there was a option for split the payment. Hence on 27.07.2023, the Complainant had paid Rs. 82,500/- and rest amount of Rs. 35,688/- had been paid on 28.07.2023. Then they demanded for documents. For which the Complainant  had uploaded all the desired document in OLA App. Then the notification showing that “Your OLA will be delivered by 31^st Aug 2023”. So the Complainant had to wait for up to 31^st Aug 2023 for getting the scooter. An email had been received from OLA that they had started the delivery of OLA SL scooter all across the country and due to overwhelming demand of scooter the delivery date has been revised which was on 16.09.2023. Another email came on 4.9.2023 that the Complainant document has been verified successfully but the Complainant has uploaded the documents on 28.07.2023. On 16.09.2023 the delivery date has been automatically extended to 9.10.2023 in OLA App. The Complainant had tried to complain several times to OLA for delay in delivering the scooter on twitter, e-mail by contacting customer care and visited several times to OLA Experience Centre Sambalpur but nobody is doing anything.
2. The OPs are set exparte.

ISSUES

1. Is the Complainant a Consumer of the O.P?
2. Is there any deficiency of service/unfair Trade practice in part of O.P?
3. Whether the Complainant is entitled for getting any relief?

Issue No. 1 Is the Complainant a consumer of the O.P?

The Complainant had paid Rs. 118,188/- for purchasing the scooter to the OP.  Hence the Complainant is the consumer of the O.P.

Issue No. 2 Is there any deficiency in service/ unfair Trade practice in part of O.P?

The Complainant had paid all the amount for the scooter to the OP but the OP did not deliver the scooter in time.  Hence deficiency in service and unfair trade practice found against the OP.

Issue No. 3 Whether the Complainant is entitled for getting any relief?

From all the facts of the case, the Complainant is entitled for getting reliefs from the O.P.

                             ORDER

The OP is directed to refund Rs. 1, 18,188/- with 9% interest from 28.07.2023 towards cost of the electric vehicle to the Complainant which was paid by the Complainant to the OP at the time of booking the vehicle. Further the OP is directed to pay Rs. 50,000/- towards deficiency in service and mental agony suffered by the Complainant as compensation. Further the OP is directed to pay Rs. 10,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which all the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 30^th day of July, 2024.

Free copies of this order to the parties are supplied.