SMT. MOLYKUTTY MATHEW : MEMBER

           This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund the value of vehicle for Rs.82,000/-  to the  complainant along with compensation  for mental agony caused to the complainant for the deficiency of service and unfair trade practice on the part of opposite parties.

The case of the complainant in brief

            The complainant had purchase an Elite electric scooter white & red motor No.MFSY60V19100050  worth Rs.82,000/- as per the invoice No. Sha-20/2021/22 dated 30/08/2022 from OP No.2.  The vehicle has 3 year battery warranty and motor has 2 year warranty also.  The complainant has purchased the vehicle on believing the advertisement of OP 1 and 2 that the vehicle is free from all defects and will be provided effective and speedy after sale service.  The vehicle was delivered on 30/08/2022.  But after 1 month the vehicle gave 1^st service.  There after 90^th day the complainant approached OP No.2 for 2^nd service.  But it shows that the shop is closed and not give 2^nd service also.  The vehicle is not working after 8^th months of purchase.  Then the complainant informed the matter to OP No.2.  Then the technician of OP No.2 inspected the vehicle and stated that the battery complaint.  Thereafter the complainant send the tax invoice copy through whats app to OP No.2  on 04/05/2023.  On 05/05/2023 the OP No.2 informed that after 3 months the new battery will be replaced.  Then the complainant telephoned OP No.2 after 3 months.  But he stated that within 1 ½ months 4 battery will be reached.  But after 1 ½ months again, the complainant called OP No.2 for the replacement of new battery. But the OP’s fails to do.  The OP’s are not rectified the defects of the vehicle within a warranty period with free of cost.  From 04/05/2023 itself the vehicle is kept idle without using as there is no battery charge.  The act of OPs the complainant caused much mental agony and financial loss.    So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

            After filing this complaint notice issued to both OP’s.  Both OP’s received the notice and not appeared before the commission and not filed their version.  Hence the commission had to hold that the OP’s are absent and not proved their defense also.

            Even though the OPs remain absent in this case it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 2 documents marked them as Ext.A1 and A2.  The complainant was examined as Pw1.  So the OP remains absent in this case.  At the end the commission heard the case on merit.

Let us have a clear glance at the relevant documents.  In Ext.A1 is the Tax invoice No.SHA-20/2021-22 dated 30/08/2022 which clearly shows that the complainant had purchased the electric scooter for an amount of Rs.82,000/-.   In Ext. A2 is the warranty card which clearly shows that 1^st 2^nd and 3^rd free services instruction to service dealer.  But 2^nd free service is not given to the complainant.  On 04/05/2023 itself the vehicle is kept idle without using as there is no battery charge.

So the OPs are directly bound to redressal the grievance caused to the complainant.  Therefore we hold that the OPs are jointly and severally liable to cure the defects of the electric scooter free from all defects and free of cost in a road worthy condition to the satisfaction of the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5.000/- as litigation cost.

In the result the complaint is allowed in part directing the opposite parties 1 and 2 jointly and severally liable to replace the battery in an electric scooter with free of cost and vehicle is free from all defects in a road worthy condition to the satisfaction of the complainant or to refund the value of vehicle for Rs.82,000/- to the complainant along with Rs.1,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30  days of receipt of this order.  In default the amount of Rs.82,000/- carries 9% interest per annum from the date of order till realization.  Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.  After compliance of the said proceedings the opposite parties are at liberty to take back the vehicle invoice No. Sha-20/2021-22 from the complainant. 

Exts.

A1  - Tax invoice

A2- Warranty card

    Sd/                                                                                   Sd/                                                       Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forwarded by order/

Assistant Registrar