IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Monday the 22nd day of May, 2023.
Filed on : 17.02.2023
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. P.R.Sholy, B.A.L,LLB (Member)
In
CC/No.48/2023
between
Complainant:- Opposite parties:-
Sri. Sijesh T B 1. The Manager, Oxigeno
S/o Balakrishnan Regd. Office Oxigeno Int.Biz
Tharamel Nikarthil House Katengana Hali, IAF Post
Eramalloor P.O. Yelahanga, Bengaluru
Cherthala, Alappuzha-688531
2. The Manager
GIT global International team Pvt.Ltd.
Aditya Building, Padmakshikavala
Cherthala, Alappuzha-688531
3. Sri.Babu
S/o Pappan
Panackal House, Eramalloor P.O.
Cherthala, Alappuzha-688531
(All Ops are exparte)
O R D E R
SRI. S.SANTHOSH KUMAR (PRESIDENT)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Material averments briefly stated are as follows:-
On 9/6/2022 complainant purchased an Electric E-scooter ie, OXI Prime for Rs. 99,699/- from the 2nd opposite parties showroom at Pattanakkad. Before the delivery of this scooter another scooter was handed over to him and when he began to use the same after a distance of 15 kms its battery charge was over and scooter became standoff. When he informed this at the showroom they brought back the scooter and gave the present scooter.
2. When the complainant began to use the scooter it was noticed that the speedometer is defective showing double distance than the scooter actually run. It was informed at the show room and they changed its metal charge by a plastic body charger after a period of one month. Gradually the plastic body charger also became defective. When it was informed to the showroom they changed the charger. 2nd opposite party changed the charger nearly three times. However after a distance of 10 km the scooter will slow down and standoff. The scooter began to show engine defects and it became useless.
3. Complainant approached 2nd and 3rd opposite parties and explained about the defects. They could not give a satisfactory solution to the problem. Thus complainant returned the vehicle on 10/9/2022 to the 2nd opposite party with the help of 3rd opposite party who is a neighbour of the complainant and is working with the 2nd opposite party. Complainant purchased the scooter from the 2nd opposite party with the instigation of 3rd opposite party.
5. 1st opposite party is the superior body and registered office of the 2nd opposite party. So these opposite parties are jointly and severally liable to compensate the complainant for selling a defective E-scooter after accepting consideration. Opposite parties have committed deficiency in service to the complainant. Complainant sustained mental agony and strain due to the act of the opposite parties. Hence the complaint is filed to return Rs. 99,699/- being the price of the scooter along with interest and Rs. 50,000/- as compensation.
6. Notice along with copy of complaint were sent to the opposite parties by registered post and the case was posted to 13/3/2023. On 13/3/2023 opposite party 1 to 3 entered appearance through an advocate and the case was posted for filing version to 12/4/2023 and thereafter to 26/4/2023 and thereafter to 28/4/2023. Since version was not filed within the prescribed period of 45 days, on 28/4/2023 opposite parties were set exparte and the case was posted for exparte evidence. Complainant filed affidavit and marked Ext.A1 to A6.
7. Points for determination are:-
1. Whether there is deficiency in service from the part of opposite parties as alleged?
2. Whether the complainant is entitled to realise an amount of Rs.99,699/- along with interest from the opposite parties as prayed for?
3. Whether the complainant is entitled to realise an amount of Rs. 50,000/- as compensation from the opposite parties as prayed for?
4. Reliefs and costs.
8. Complainant filed affidavit and marked Ext.A1 cash receipt dtd. 29/4/2022 , Ext.A2 cash receipt dtd. 7/6/2022, Ext.A3 delivery note dtd. 9/6/2022, Ext.A4 Acknowledgment letter dtd. 26/9/2022, Ext.A5 copy of lawyers notice dtd. 12/10/2022 and Ext.A6 copy of tax invoice dtd. 7/6/2022.
9. Point No. 1 to 3:-
The case advanced by complainant through the complaint and chief affidavit is that as per Ext.A6 tax invoice dtd. 7/6/2022 he purchased an E-scooter from the 2nd opposite party for Rs. 99,699/-. It was manufactured by the 1st opposite party and 3rd opposite party is an employee of the 2nd opposite party. The scooter was purchased through the instigation of 3rd opposite party who is a neighbour of the complainant. The scooter showed several defects such as faulty speedometer ,charger etc. Though it was produced before the 2nd opposite party and again it became defective. Hence the scooter was returned to the 2nd opposite party. Though Ext.A5 notice was sent demanding the price of the scooter along with compensation it was not paid and hence the complaint is filed.
10. Ext.A1 is cash receipt dtd. 29/4/2022 issued by the 2nd opposite party showing receipt of Rs. 20,000/-. Ext.A2 is the cash receipt dtd. 7/6/2022 issued by the 2nd opposite party showing receipt of Rs. 79,700/- from the complainant. Ext.A3 is the delivery note showing that the vehicle was delivered to the complainant on 9/6/2022. Ext.A4 is an acknowledgment issued by the 2nd opposite party on 26/9/2022 stating that the scooter was surrendered before them with a letter showing the defects. Ext.A5 is the copy of lawyer’s notice and Ext.A6 is the tax invoice dtd. 7/6/2022. As stated earlier notice along with copy of complaint were sent to the opposite parties by registered post. On 13/3/2023 though opposite parties 1 to 3 entered appearance through an advocate version was not filed within the prescribed period and hence on 28/4/2023 opposite parties were set exparte. From Ext.A6 tax invoice it is seen that on 7/6/2022 complainant purchased the vehicle for Rs. 99,699/-. Ext.A1 and A2 are the cash receipts showing that an amount of Rs. 79,900/- was collected from the complainant by the 2nd opposite party. Ext.A4 shows that on 26/9/2022 the vehicle was surrendered before the 2nd opposite party. In the complaint and affidavit it is stated that the vehicle was purchased from the 2nd opposite party and the 1st opposite party is the superior body and registered office of the 2nd opposite party. 3rd opposite party is the assistant of the 2nd opposite party and through whom the vehicle was purchased by the complainant. From the affidavit and documents the claim of the complainant stands proved. Complainant is entitled to realize the price of the scooter shown in Ext.A6 bill along with interest. Though complainant is seeking an amount of Rs. 50,000/- as compensation, considering the facts of the case we are allowing an amount of Rs. 20,000/-.
11. Point No. 4:-
In the result complaint is allowed in part.
a) Complainant is allowed to realize an amount of Rs. 99,699/- along with interest @ of 9% per annum from the date of complaint ie, on 17/2/2023 till realization from the opposite parties.
b) Complainant is allowed to realize an amount of Rs. 20,000/- as compensation from the opposite parties.
c) Complainant is allowed to realize an amount of Rs. 2000/- as cost from the opposite parties.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 22nd day of May, 2023.
Sd/-Sri.S.SanthoshKumar(President)
Sd/- Smt.P.R.Sholy (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Cash receipt dtd.29.04.2022
Ext.A2 - Cash receipt dtd.07.06.2022
Ext.A3 - Delivery note dtd.09.06.2022
Ext.A4 - Acknowledgment letter dtd.26.09.2022
Ext.A5 - Copy of lawyers notice dtd.12.10.2022
Ext.A6 - Copy of tax invoice dtd.07.06.2022
Evidence of the opposite parties: Nil
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:
