D.O.F:29/04/2023
D.O.O:05/04/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.117/2023
Dated this, the 05th day of April 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Sreemanu.K.S,
S/o Vasantha .C.K,
Chovvatta Kovval House,
Edattummal, Thrikaripur, Kasaragod (Dist) : Complainant
Pin – 671310.
And
1. The Manager
Ola Experience Centre
Capital Trade Centre Building 66,
Kozhikode Bypass, Kavu Nagar,
Kozhikod- 673016
2. Ola Electric Mobility Private Limited
4th Block, 17th Main, 100 Regent Insignia, : Opposite Parties
#414, 3rd 560034, Bangalore.
(Adv: Pradeep Rao & Awanish Srivastava)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The facts of the case is that the complainant booked for purchase of electric two wheeler on 22/03/2023 via on line by paying the entire amount of Rs. 1,27,926/- being its value.
2. The complainant received message informing delivery of vehicle by 04/04/2023 but postponed delivery. Till the date of filing complaint vehicle is not delivered. Hence complainant claims refund and compensation of Rs. 25,000/-. The complainant filed chief affidavit on 29/04/2023it shows that he got delivery of vehicle in person and he restricted the claim for compensation for delayed delivery.
3. The Opposite Party 1 and 2 filed written version with delay petition. Written version is filed long after statutory period and reason stated for delay is not satisfactory and hence delay petition dismissed. Opposite party No:2 denied having any relationship with manufacturer of the vehicle. The complainant is not a consumer. No amount is received by Opposite Party No:2 and have there is no liability and prayed to dismiss the complaint.
4. The complainant filed proof affidavit Ext A1 to A6 marked by complaint side. Ext A1 is payment confirmation slip. Ext A2 is record of sending messages, Ext A3 is insurance proposal , Ext A4 payment confirmation slip, Ext A5 is premium receipt, Ext A6 is the insurance policy.
Considering the averments in complaint documents produced, and evidence adduced by the parties following points arised for consideration in the case.
a) Whether there is any deficiency in service in the service of opposite Party in not delivering the vehicle as promised after receiving full amount of value.
b) Whether complainant is entitled for compensation and if so for what reliefs?
5. It is the case of the complainant that complainant deposited the entire value of the vehicle on22/03/2023 and opposite Party promised to deliver the vehicle on 04/04/2023 but vehicle is actually delivered on 11/05/2023.
6. The contention of Opposite Party No:2 is that complaint is bad for mis joinder of parties. Manufacture is his sister concern but no documents were produced to prove it. Further version is not accepted due to delay is filing the same. Since complainant having got delivery of the vehicle claim is restricted to compensation for delayed delivery. Hence Opposite party has no sufficient reason for delayed delivery. Thus there is deficiency in service from opposite party. The complainant claimed Rs. 25,000/- which is higher side. A sum of Rs. 10,000/- is fund reasonable under the circumstance of the case.
In the result complaint is allowed in part. The Opposite party No:1 and 2 are jointly and severally liable to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) as for deficiency in service and also Rs. 3000/- (Rupees Three Thousand only) as cost of the litigation with 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Payment confirmation.
A2- Record of sending messages.
A3- Insurance proposal form.
A4- Payment confirmation slip.
A5- Premium Receipt
A6- Insurance policy
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
