IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Monday the 26th day of February, 2024
Filed on: 19.07.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.199/2023
between
Complainant:- | Opposite Parties:- |
Sri. Praveen Antony 1. The Manager
Vallapurackal OLA Electric Technologies Pvt. Ltd,
Thathampally, Alappuzha 17/1172, Technozone Business Park
Mythri Nagar 95 Mulakkampilly Road, Chittethukara
Pin- 688013 Kakkanad, CESZ, Ernakulam
Kerala-682307
2. The Manager, OLA Electric Technologies
Pvt. Ltd, 414, 3rd Floor, Regent Insignia
17th Main, 100 Feet road, Koramangala
Banglore, Karnataka-560034
3. OLA Champ/Service Head, OLA
Experience Centre, North of Thiruvambadi
Junction, Alappuzha, Erezha-688002
(Adv. Abhilash.C.Soman for Ops)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated is as follows:-
Complainant had booked OLA S I electric scooter from OLA company through its mobile application and it was delivered on 3/11/2022. The necessary accessories like central stand and side step (Buddy step) etc were booked on 7/1/2023 by online payment of Rs. 2,998/- on the same day itself. Since the said products were not delivered to the complainant, he preferred complaints through the online application of opposite party company.
As directed by the customer care of opposite party company the complainant brought the scooter to the service centre of opposite party at Alappuzha on 28/7/2023. But they returned back me after 2 more hours of waiting for getting accessories saying that they would not get any direction or invoice from opposite party company. Hence this complaint.
2. In response to the complaint the opposite parties 1 to 3 filed version contenting as follows:-
The grievance of the complainant in the instant matter has duly been resolved. The relevant accessories have been fitted into the vehicle of the complainant and he was satisfied with the service he has gotten and the customer satisfaction report signed by the complainant on the date of 28/7/2023. The true facts of the case are that the complainant had booked the vehicle’s centre stand along with side stand (buddy step) on 7th January 2023. However, at that time the existing stock of the above said accessories was sold out and thus the complainant was asked to wait for arrival of new lot. Later on, however, when the new stock of these accessories arrived, the complainant was nowhere to be found. Several requests/reminders were sent to the complainant by the opposite party but to no avail. In fact, whenever the complainant was asked to come to the workshop, he was too busy to be bothered. Therefore, it is the complainant’s own lackadaisical approach that caused delay in fitting of the accessories in his vehicle.
The opposite party has fitted all the accessories ordered by complainant at its workshop on the date of 28th July 2023 and also provided every possible assistance to the complainant. There is no dispute pending between the complainant and the opposite parties, which was even admitted by the complainant as well via satisfaction report dtd. 28/7/2023. There is no question of refund or payment of any compensation to the complainant by the opposite party ever arises as the opposite party has already provided the requisite accessories & services to the complainant. The complainant is not entitled for the reliefs prayed by him from the opposite party.
3. Points for consideration are:-
1. Whether there is any deficiency in service from the part of opposite parties?
2. Whether the complainant is entitled to get the accessories of scooter free of cost?
3. Whether the complainant is entitled to get any compensation from opposite parties?
4. Evidence in this case consists of oral evidence of PW1 and Ext.A1 to A3 were marked. Opposite parties have no oral as well as documentary evidence on their part. Heard both sides.
5. Point No. 1 and 2:-
PW1 is the complainant. He filed an affidavit in tune with the complaint and got marked Ext.A1 to A3. Ext.A1 is the payment confirmation for an amount of Rs.2,998/- dtd. 7/1/2023. Ext.A2 is the copy of screen shot of complaint preferred to the opposite party on various dates. Ext.A3 is copy of the update on accessory order from opposite parties.
The complainant’s allegation is that after purchasing a OLA electric scooter on 3/11/2022 some of the necessary accessories, like central stand and side step were ordered by online payment on 7/1/2023. He further contented that the opposite party did not delivered the said items though he claimed somany times through the company’s customer support cell. It is alleged the complainant that on 28/7/2023 the complainant brought the vehicle to 3rd opposite party service centre for fitting the said accessories, but they returned back the complainant since they would not get any direction or invoice from OLA company.
Admittedly the complainant booked for some accessories of the OLA scooter which he purchased from OLA company. The vehicle was delivered on 3/11/2022. 2 months later the complainant booked for the said accessories from opposite party. Ofcourse from the deposition of PW1 there is no dispute with regard to the vehicle and its functioning and he was using the vehicle till date. It is also to be noted that the complainant alleged that on 28/7/2023 the vehicle brought to the 3rd opposite party as intimated by them and it is admitted by the opposite party. Moreover PW1, the complainant himself deposed that the said accessories of center stand and buddy step does not includes in the description of vehicle and he further admitted in box that , “Rm³ opposite party bpsS service centre  t]mbXv June 28,2023 BWv. Product book available BWv F¶v call h¶p Ah fit sN¿p-¶-Xn\v thn-bmWv t]mb-Xv. F¶m fit sNbvXn-Ã. 28/7/2023  BWv ]n¶oSv fit sNbvXp X¶-Xv.”
As stated above the accessories booked as per Ext.A1 were fitted on the vehicle. In the facts and circumstances of the case we could realize that as argued by the counsel appearing for opposite parties as a newly introducing company the opposite party is also facing problem to begin its service and thus caused some delay in providing the booked accessories to the complainant. Moreover it also realized that the delay in providing the said accessories not at all caused any difficulties to the complainant for running the said vehicle and hence no deficiency in service found from the part of opposite parties as the disputed accessories are not liable to be provided free of cost. These points are found against the complainant.
6. Point No. 3:-
In the result complaint stands dismissed. Both parties shall bear their respective cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 26th day of February, 2024.
Sd/- Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
PW1 - Praveen Antony(complainant)
Ext.A1 - Payment confirmation
Ext.A2 - Copy of Screen shot
Ext.A3 - Copy of update on accessory order.
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
