Order by:

Smt.Aparana Kundi, Member

1.        The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that on 06.10.2022, the complainant had purchased a new Spirit GAIA (White), having Chassis No.VSM22H-1920, Engine No.VEV122E (A) 4143 for an amount of Rs.69,000/- vide bill invoice no.123 dated 06.10.2022 from the Opposite Party. Alleged that from the date of purchase, the battery of the vehicle is drainage shortly as well disc break of the said scooty was not working properly. Moreover, there is also a fault in the Speedo Meter of the scooty, which was not showing the reading and after few days from its purchase the handle of said scooty became unbalanced while running on the road. In this regard, the complainant various times visited the workshop of Opposite Party and mechanics of the workshop always told that now the scooty is ok, but every times, after 2-3 days the complainant again facing the same problems. The complainant various times approached the Opposite Party and also met with the concerned person with a request to solve the problem, but all in vain. Alleged further that the scooty of the complainant is still under guarantee/warrantee, so the Opposite Party is liable to change the scooty of the complainant or to return the cost of the scooty, which is Opposite Party failed to do. Complainant also sent a legal notice dated 25.09.2023 to the Opposite Party, but to no effect. Due to such act and conduct of the Opposite Party, the complainant has suffered mental tension and harassment. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Party  may be directed to provide a new scooty to the complainant.

b)      Or to pay the amount of Rs.69,000/- as cost of the scooty and Rs.31,000/- on account of deficiency in service and unfair trade practice.

c)       And any other relief which this Commission may deem fit and proper may be awarded to the complainant.   

2.       Upon service of notice, none appeared on behalf of Opposite Party, hence Opposite Party was proceeded against exparte.

3.       In order to prove her case, complainant has placed on record her affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C5.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       Ld. counsel for the complainant contended that complainant had purchased a  Electric Scooty ‘Spirit GAIA (White)’ for an amount of Rs.69,000/- vide bill invoice no.123 dated 06.10.2022 from the Opposite Party, copy of the bill is Ex.C2. Contended that from the date of purchase, the battery of the vehicle is drainage shortly, disc break of the said scooty is not working properly, Speedo Meter is not showing the reading and difficulty in driving due to problem in handle of the said scooty.  Contended further that the complainant many times visited to the Opposite Party, but every time mechanic of Opposite Party after servicing gave back the scooty to complainant and complainant after 2-3 days again started facing the same problems.

6.       Perusal of the record shows that the complainant has not produced any manual of the vehicle, where the guaranty/warranty of the vehicle in question is explained, but however, she has produced the bill of the vehicle on record as Ex.C2, which shows warranty of different items of the scooty i.e. Chassis 1 year, Motor 3 years, Battery 3 years and charger 1 year. Moreover, the complainant has not placed on record, record of services taken from the Opposite Party for the vehicle in question or any document which shows that the complainant has ever visited the Opposite Party for the redressal of her grievance. But mere on this ground the Opposite Party cannot escape from their responsibility to provide service for the vehicle which was purchased by the complainant from the Opposite Party and purchase of vehicle was admitted by the Opposite Party also evident vide Ex.C5. The vehicle is well covered under the warranty, as it is clear from the bill placed on record as Ex.C2. So, the Opposite Party is liable to provide service related to the items covered under the warranty as mentioned above.  

7.       To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C5. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite party  did not opt to appear and contest the proceedings.  In this way, the Opposite party has impliedly admitted the correctness of the allegations made in the complaint.

8.       So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved that there is deficiency in providing service by the Opposite Party by not removing the defect in the vehicle in question.

9.       It is pertinent to mention here that perusal of the record shows that the complainant also served legal notice upon the Opposite Party as Ex. C3 and in response, the Opposite Party filed reply to the legal notice placed on record as Ex.C5 and perusal of the same reveals that complainant has not made full payment regarding purchase of the vehicle and some amount is pending against her.

10.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Opposite Party to rectify the issues related to the scooty in question, subject to clearance of amount of purchase bill of the vehicle in question by the complainant, if any.  Compliance of this order be made by the Opposite Party within 30 days from the date of receipt of the copy of this order, failing which, the complainant  shall be at liberty to get the order enforced through the indulgence of this District Commission.  Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.