MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed C.C.Case No. 49/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Hon’ble Commission may kindly issue necessary direction to the Ops to replace the defective e-society by a new one or directed to refund the consideration amount of Rs. 1,01,000/- along with interest. Further direct the Op to pay Rs. 5,000/- towards compensation along with Rs. 2,000/- litigation of cost.
Brief fact of the case is that Complainant being a physical Handicapped person purchased a schedule 3 wheeler E-Scooty from OpNo.1 on 27.03.2022 for his day to business on payment of Rs. 1,01,000/- within 15 days of purchase the E-Scooty went out of order and the vehicle always turns towards left side and the mechanical staff of Op No.1 told that the same is due to it’s defective product.
Complainant initially filed the C.C.Case on dt. 28.09.2022 impleading only OpNo.1 who has sold the vehicle and on dt. 23.05.2023 the OpNo.1 was directed to provide the address of manufacturer otherwise it will be presumed that OpNo.1 in connivance with manufacturer has sold the defective vehicle. On dt. 06.06.2023. Op No.1 filed the address of manufacturer & Op No.2 was impleaded and notice was issued to OpNo.2 on 03.07.2023 and consolidated C.C.Case was also filed on the same day. Then the C.C. Case was listed on dt. 26.07.2023, 16.08.2023, 29.08.2023, 05.09.2023 and 17.09.2023 but the OpNo.2 (manufacturer) did not appear and set ex-parte on dt. 13.09.2023 on repeated calls.
We have gone through the records and heard the Counsel for Complainant and Op No.1, Op-2(manufacture)did not appear. The Op No.1 is the dealer who has sold the vehicle on getting some commission from Op No.2 for which the Op No.1 cannot be held responsible for the defective product but should have taken step to remove the defect from the vehicle and Op No.2 failed to cure the defect for which we held that Ops have sold a defective product to Complainant.
We therefore direct the Complainant to handover the E-vehicle with all documents relating to the vehicle etc. to Op No.1 within one month from the date of receipt of this order and Op No.1 shall intimate the Op No.2 to take back the vehicle of the Complainant and further directed the Ops to refund 70% of Rs. 1,01,000/-( the purchase price of the E-vehicle) to the Complainant as a period of 1year and 6 months has already expired, this Commission deduct 30% as depreciation of the purchase price of the vehicle. The Ops shall refund the amount to the Complainant within 45 days from the date of receipt of this order, failing which the Ops shall be liable for execution proceeding under the C.P.Act, 2019 and shall also pay Rs. 2,000/- to the Complainant on each day’s delay.
With the aforesaid observation and direction the C.C.Case No. 49/2022 is allowed and accordingly disposed off.
Issue extract of the order to the parties for Compliance.
Pronounced in the open Commission, on this the 27th day of September,2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
