P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant: Sri LambodarMohapatra, Advocate,
Counsel for the O.P. No. 1 : Sri Manas Kumar Behera, Advocate & Associates,
Counsel for the O.P. No. 2 : Ex-Parte.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, on 26.07.2022 the complainant had purchased the IPRAISE+ Model Electric Scooter from these O.P. No.1 by paying a sum of Rs.1,15,220/- towards the cost of the vehicle vide the Tax Invoice No.-0038 dtd.26.07.2022 issued by the O.P.No.1. Apart from above the complainant also has paid a sum of Rs.10,000/- to the O.P.1 towards the insurance & miscellaneous expenses. In total the complainant had expended Rs.1,25,220/- to own the aforesaid vehicle vide its Regd. No.OD-22-V-0767 & Chassis No.- M5WBDGBDGN1115485. On 15.01.2023 while the complainant was moving to Balimeda from his native, on his way to Balimeda, the said vehicle suddenly stopped at Sabrang Bazar and did not function. Finding no other way, the complainant made call to the O.P.1. The O.P.1 sent a mechanic to the spot on 16.01.2023. The mechanic repaired the vehicle & orally certified that the vehicle is now user worthy & ready to move. When in presence of the mechanic, the complainant himself started the vehicle to make it move, the complainant found an unpleasant sound coming out of the vehicle & brought the same to the notice of the mechanic. The mechanic said the complainant to ignore that sound & further said, the said sound will stop after running of the vehicle & after cover of a few kilometer of distance. Believing the mechanic, when the complainant proceeds towards Balimeda to cover his journey along with the vehicle, the vehicle again stopped before 1 to 2 Km of Balimeda and did not move. Thereafter the complainant again made call, reported his problem & raised complaint before the O.P.1. On being reported the O.P. advised the complainant to send the vehicle to his workshop. Accordingly the complainant by hiring an Auto for a fare of Rs.3,000/- sent the vehicle to the workshop of the O.P.1 on 17.01.2023 & on receipt of the vehicle at the workshop, the complainant was issued a job card from the workshop of the O.P.1 vide its No.4489 dtd.17.01.2023. To repair the vehicle the O.P. took one & half month and thereafter again on 24.05.2023 while the complainant was returning from Balimeda to his native near Charampa the same problem occurred to the vehicle & the vehicle stopped there at Charampa and did not move. On 25.05.2023 the complainant brought the vehicle to the workshop of the O.P.1 again by hiring an Auto for a fare of Rs.700/- to get it repaired. On the same day i.e. on 25.05.2023, the O.P.1 took the vehicle to repair it & by then had assured the complainant to deliver the vehicle within 15 days by solving all problems permanently. After elapse of 15 days, the complainant is frequenting to the O.P.1 to get back the delivery of his vehicle but the O.P.1 is taking one & other plea to deliver the same & delaying till to date. The complainant is a businessman. For his business convenience had purchased the vehicle. Since 15.01.2023 to till to date ha has sustained a great loss in carrying on his business due to frequent break down of the vehicle & lack of service from the side of the O.P. Since 15.01.2023, to get the vehicle repaired, the complainant has to incur a financial loss of Rs.3,700/- in toeing of the vehicle to the workshop of the O.P.1. The complainant has prayed to direct the O.P. to pay Rs.3,700/- towards lifting cost of the vehicle to the workshop of O.P.1 & O.P.1 be directed to pay Rs.1,00,000/- towards the loss sustained in business and etc. The complainant has filed the documents i.e. (1) Tax Invoice bearing No.”0038” dtd.26.07.2022 (2) Insurance Bond issued by Sriram General Insurance Co. Ltd. vide Policy No. 331009/31/23/002175, & (3) R.C. Book issued by RTO, Bhadrak.
The O.P.No.1 is precluded from filing written version.
The O.P.No.2 is set ex-parte as on 29.05.2024.
Having heard the contention of complainant & O.P.No1 during hearing and after careful examination of the case record and evidence available in the case record, this commission forms this opinion that the electric vehicle suffers from major manufacturing /structural defects for which the complainant who parted with above lakhs of rupees to purchase a new vehicle could not use a new vehicle. Any buyer who purchases a new vehicle, he is under the impression that a new vehicle is bound to be mechanically perfect or a brand new vehicle would be defect free. The job card filed by the complainant on the relevant dates proves that the vehicle has sustained repeated performance failures. In absence any evidence so as to replacement warranty by these O.Ps even, it is fairly expected from the seller that when a they sell a EV 2 Wheeler for Rs.1,25,220/- to their customers, the vehicle must run smoothly defect free for reasonable time. If it starts to give problems within 6 months of purchase and that to repeatedly which cannot be sorted out by these O.Ps, then this Commission has no hesitation than to term it as unfair trade practice and deficiency in service. The complainant needs to be compensated by these O.Ps who have sold him a EV 2 Wheeler which had inherent manufacturing defects. The case vehicle is still stationed at the workshop of the O.P.No.1. However, the complainant has not prayed for replacement of his vehicle with a new one but this commission in fitness of things thinks it proper to direct these O.Ps for replacement of the vehicle with a new one with self-same or better specification or in the alternative refund the amount with interest.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are directed to replace the defective case vehicle IPRAISE+ Model Electric Scooter bearing Registration No. OD-22-V-0767 & Chassis No.- M5WBDGBDGN1115485 within 30 days from the date of pronouncement of this order or in the alternative refund the complainant Rs.1,15,220/- with 6% simple interest from 26/07/2022 to 23/07/2024 in total Rs.1,29,040/-. These O.Ps are also to pay another Rs.20,000/- towards compensation and Rs.5,000/- towards litigation cost. In the event, these O.Ps fail to comply the order within the specified time, they are to pay the amount with 6% interest over the entire amount till the date they actually make payment.
This order is pronounced in the Open Court on this the 23rd day of July 2024 under my hand and seal of the Commission.
