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 duly look into this matter with foremost importance to take necessary steps to render the proper service, provide with full refund amount of Rs.1,62,000/- and pay Rs.80,000/- towards compensation  for deficiency in service and mental harassment and agony”.

            The brief fact of the case is that, the complainant has purchased an Atul Elite Cargo Auto on 24.3.2021 on payment of Rs.1,62,000/-. The above mentioned product is very bad in quality and makes trouble while it is driving mode. The complainant a number of time contracted with the opposite parties customer support number regarding his problem, but they did provide any solution and in the difficulties of the complainant. The complainant intimated the opposite parties concern on number of occasions wherein the complainant has not received the proper and facilitated procurement till date.

            The opposite parties filed their written version stating as under;

            The opposite parties have no office for gain at Jagatsinghpur, the vehicle in question was purchased from the show room of opposite party No.1 at Cuttack and opposite party No.2 have its office at Gujarat, hence this Forum has got no jurisdiction to entertain this complaint. There is no problem in the vehicle and it is running smoothly, without having any trouble. The complainant’s complain was duly solved by the opposite party No.1, there is no such harassment on the part of the opposite parties. But the complainant is an unholy person always created dramas in the show room, showing the product as defective but have never complain regarding service as provided.

            Complainant has purchased the vehicle by paying Rs.1,62,000/- but there is defect in the product for which it is not running as claim by the opposite parties for which complainant is dissatisfied by the product as the purpose and intention for purchasing the vehicle was to engage the vehicle in his business for his livelihood but electric vehicle is not running more than 25 to 30 kms., and other stating trouble and troubles are there. The vehicle has not performed as per the warranty and claim of the opposite parties. The complainant has also use the vehicle for some months.

            Taking into the consideration of both the sides we think it just and proper that the opposite parties are directed to replace the battery and rectify other defects and extend the warranty from the date installation of new battery up to the period of warranty as claim by original vehicle. The opposite parties shall take the vehicle on test ride along with the complainant for more than 60 kms., if the vehicle runs less than 60 kms., then it will be treated as not upto the mark. The complainant is also given another option that the complainant may return the vehicle to opposite parties with cancellation of ownership and the opposite parties shall take back the vehicle and pay 50% of the vehicle to complainant. Out of two options given above, complainant shall opt any one. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.