Orissa

Kendujhar

CC/67/2022

Padmalochan Sahu - Complainant(s)

Versus

The Manager M/s Avantilka Motor - Opp.Party(s)

27 Oct 2023

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KENDUJHAR, ODISHA
 
Complaint Case No. CC/67/2022
( Date of Filing : 19 Nov 2022 )
 
1. Padmalochan Sahu
At/Po-Turumunga, Dist-KEonjhar,Pin-758046
...........Complainant(s)
Versus
1. The Manager M/s Avantilka Motor
Near new RTO office, Keonjhar-758002
2. Eeve Company
Mancheswar, Odisha Pin-751010
............Opp.Party(s)
 
BEFORE: 
  Biranchi Narayan Patra PRESIDENT
  Jiban krushna Behera MEMBER
 
PRESENT:
 
Dated : 27 Oct 2023
Final Order / Judgement

Brief facts of this case is that the complainant has purchased one electric scooty of Eeve Electric Scooty (OM JAY EEVE LTD.) from Avantika Motors showroom, Keonjhar on dtd-20.11.2020. After few months of purchase of the said electric scooty the battery of the said scooty did not received charge and became useless for which the complainant suffered a lot. The complainant approached the customer care but there was no response from company. The Eeve showroom is completely closed in Keonjhar and the complainant without any help became helpless. In this situation the complainant did not get proper service from the Ops.

In the above complaint the case is admitted and notice issued to Ops. No one from Ops appeared before this commission nor filed their written version. So the Ops parties are set ex-parte. The complainant has relied on the following documents.

  1. Vehicle finance documents. (Xerox copy)
  2. Sanction letter. (Xerox copy)
  3. Insurance copy of vehicle. (Xerox copy)

In the above circumstances following issues are framed to establish the case.

  1. Whether the complainant is a consumer?
  2. Whether the case is maintainable or not?
  3. Whether the Ops have made any deficiency of service?
  4. What relief the complainant is entitled to get?

FINDINGS

All the point are inter linked with each other so they are discussed jointly not described separately. To establish his case the complainant has filed  evidence on affidavit, documents of purchase summary, loan Id No. 8735C6051187. The  Avantika motor has received the purchased amount and the closing date of loan premium is on dt.12.02.2021. From the insurance certificate of Go Digit General Insurance Ltd. It is found that the tax invoice No. IA025696444 was issued by the dealer.

It is no doubt that the complainant has purchased the Eeve Electric scooty model Eeve4U having chassis No.MD9SBEULKK1000039, Motor No.60V230W201905160602, Battery No.CRS-2016-4063/R-41056120. The vehicle was duly insured. The said vehicle started showing problem when battery of said vehicle did not receive charge for which the vehicle could not run on the road and the cause of action arose on dt.1010.2022 the day battery shown sudden problem. Op1 the authorised dealer closed the showroom for which the complainant could  not  get service for his vehicle. So, he informed the matter to customer care Eeveindia.com to provide service of the vehicle but there was no response. Without getting any help from the Ops the vehicle became useless. The complainant became mentally harassed for which the Ops are liable to compensate it.

So the case is maintainable the complainant is a consumer as he has purchased the vehicle the Ops have made deficiency of service as they have not respond the problems of complainant and avoided to give proper service to repair the vehicle or change the battery. So the complainant is entitled to get relief as sought for.

ORDER

The case is allowed on ex-parte. The Ops are jointly and severally liable to replace the vehicle with a new one or refund the cost of the scooty amounting to Rs.71,500/- with 9% interest P.A. from the date of purchase till realisation.

 
 
[ Biranchi Narayan Patra]
PRESIDENT
 
 
[ Jiban krushna Behera]
MEMBER
 

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