C.C. No.365/2022

Soumya Ranjan Nayak,

S/o. Somanath Nayak,

Vill.- Garam,

P.O.- Chanrapur (Alanahat),

P.S.- Balikuda,

Dist.- Jagatsinghpur.……………. Complainant

                                 (Versus)

1. Restore Enterprises, 

(Dealer OKINAWA GALAXY),

At- In front of Punjab National Bank,

Near Nandan Kanan Road,

Raghunathpur, Bhubaneswar,

Dist.- Khurda- 754005.

2. M/S OKINAWA GALAXY SCOOTERS,

Corporate Office At- Unit 651-654,

Sohana Road, Gurgaon,

Haryana- 122018.                   …..… Opposite parties                 

For Complainant………..Mr. S.N. Mishra & Associates

Opposite Parties………..Ex-parte

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                         JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking following reliefs;

            “Direct the opposite parties either to return the alleged asset free from defects making road worthy with fresh warranty or to change the same with a new one, or to return the entire cost with other miscellaneous expenses with interest at the rate of 12% per annum and pay compensation towards mental agony and cost of litigation.”

            Brief fact of the case is that, the complainant purchased a two wheeler battery scooty of opposite party No.2 from the registered dealer opposite party No.1 on 19.7.2021 at the cost of Rs.81,864/- inclusive of tax and also paid other charges as claimed as such paid total Rs.92,000/- towards cost also insured. The above said scooty remained defunct on 26.8.2022 due to problem in battery system on the way  and the opposite party No.1 being informed took the same and granted receipt assuring the complainant to make it OK in all respect with an earliest but till date remained non moved despite repeated persuasion.

            Notice to opposite parties was sent by Regd. Post on 25.11.2022 but none of the opposite parties appeared before this Commission and were set ex-parte on 12.01.2023 and thereafter the matter was heard and adjourned on several occasion but none appeared for opposite parties and we have heard counsel for complainant and perused the records.

            The vehicle in question bearing Regd. No.OD-33-AD-0674 was purchased on 19.7.2021 by paying Rs.81,864/- and paid Rs.11,000/- towards Tax, Insurance and other charges thus paid about 92,000/-. The said vehicle became defunct on 26.7.2022 due to problem in battery at Balibhanuri of Arilo and on being informed opposite party No.1 took the same and granted receipt, but did not remove the defect for which the present consumer complaint.

            Notice to opposite parties was sent by Regd. Post on 25.11.2022 but none appeared for the opposite parties and the opposite parties were set ex-parte on 12.01.2023. The vehicle has been come to stand still position just after one year of it’s purchase and we are not aware about the warranty period of the battery as there is no specific pleading or document to that effect.

            We therefore direct the opposite parties to rectify the defect and run the vehicle by replacing any component which is required to be replaced and give further warranty of one year and shall not take any charge to rectify the defect. We also award Rs.3,000/- towards mental agony and Rs.2,000/- towards cost of litigation on opposite parties. The opposite party No.1 shall provide service and opposite party No.2 shall supply parts and both are jointly and severally liable to pay the cost. With the aforesaid observation and direction the consumer complaint is disposed of.  

            Pronounced in the open Commission on this 26^th July,2024.