ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to repair the vehicle at the earliest with the extension of warranty period and pay Rs.30,000/- towards incur expenses”.
The brief fact of the case is that, the complainant purchased one electric scooter on 01.3.2022 from opposite party No.1 with the warranty period one year on complete vehicle and 3 years on engine. The first service was done on 31.7.2022 but after service the mileage range of scooty was reducing continuously and very drastically, accordingly in this regard the issued was came into the knowledge and informed to the service center that scooty is not giving standard range after charging and mileage range of scooty came to only 5 km per single charge from its standard range i.e. between 50 to 60 km per single charge. The scooty came into a breakdown condition and complainant complained regarding the same to the service centre and the engineer visited at residence of on paid basis in warranty period and could not able to resolve the issue and suggested to send scooty to their service center for proper check. The complainant sent the scooty to the service center at her own cost on 14.9.2022 but situation was remained same, service center could not able to resolve the issue, no solution response has been received from service center nor from company side. The scooty is still at service center in a broke down condition and not handed over to complainant.
Opposite party No.2 has not entered his appearance who was sent Regd. Notice from this Commission on 20.12.2022 for which opposite party No.2 was set ex-parte on 13.3.2023.
Opposite party No.1 has filed a reply where in it is stated that battery has been replaced on 11.12.2022. We have asked the complainant regarding the exchange of new battery who very fairly confirmed that she was asked on 01.12.2022 to take delivery of the vehicle with new battery but she could not go on 01.12.2022 and received the E. vehicle with new battery on 11.12.2022.
Now question arises whether there is any deficiency in service on the part of opposite parties. Facts of case are not in dispute. The complainant has purchase a new electric vehicle to get rid of petrol but only after few months the vehicle ran only 5 km in a charge instead of 50 to 60 km as claimed by opposite parties. The opposite party No.2 is the manufacturer and opposite party No.1 is the dealer for which we held that opposite party No.2 is responsible for defect in service and causing delay of 2 ½ months in settling the grievance for which the complainant spent unnecessary auto fare in going to her duty in school.
We would have imposed higher amount for such deficiency in service and defect on the product but considering the fact the opposite party No.2 is new startup company may be having lack of adequate technology in EeVe which is a brand new concept in the market for which we take a linnet view and award Rs.4,000/- towards compensation, mental agony and auto fare and award cost of Rs.1,000/- towards cost of litigation. The opposite party No.2 shall pay the award amount to complainant within a period of 45 days from the date of receipt of order. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 07th July,2023.
