By Sri. Mohamed Ismayil C.V., Member.
The averments in the complaint are in brief:-
1. The complainant had began to use an electric scooter manufactured by the first opposite party from March, 2022 onwards. The second opposite party is the authorized service centre of the first opposite party. It is alleged that no proper service were availed from the opposite parties as and when it was required. The opposite parties did not rectify the defects of the vehicle properly. In addition, the opposite parties had consumed much time for the completion of repair works without any valid reason. As a result, delay was caused in delivering vehicle after servicing. Moreover the employees of the opposite parties were oftenly misbehaved towards the complainant in arrogant manner and wilfully caused damages by creating scratches and dents on the vehicle. On 23/12/2023, the complainant approached the second opposite party to get rectified an earlier complaint made on 14/12/2023. At that time the complainant had shared his bad experience to another customer with regard service of the opposite parties. But after knowing disclosure made by the complainant, the opposite parties had wilfully delayed servicing of the vehicle. It is alleged that the opposite party had handled the vehicle in roughly thereby causing damage to the number plate and the other body part of vehicle. Even though the complainant had made demand for repairing the damage of the vehicle, no steps were taken to rectify the damage by the opposite party. On the contrary, the opposite parties had threatened and humiliated the complainant. It is alleged that the opposite parties had taken one month duration for repair work and the same was against the declared policy of the opposite parties. As per their policy, the opposite parties were bound to rectify any defect within 48 hours of time. It is pleaded that all the acts of the opposite parties have caused mental agony, hardship and inconvenience to the complainant. It is also pleaded that the opposite parties did not provide service, even though the complainant had subscribed ‘care plus’ scheme and extended warranty from the opposite parties after making payment of Rs.1,769/- and Rs. 6,499/- respectively. But so far no services were provided by the opposite parties under care plus scheme. It is also alleged that no proper repair works were done by the opposite parties even after repeatedly contacted for the same. Moreover the opposite parties were not issued any invoices after repair work. Hence the complainant prayed for directions to the opposite parties to issue service invoices, to pay Rs. 1,50,000/- as compensation for the sufferings of mental agony and hardship and extend the periods of warranty and care plus scheme for another two years of period .
2. The Commission issued notices to the opposite parties. The opposite parties had received notices, but did not submit written version within the time limit of statutory period. Hence the Commission set the opposite parties as exparte. Later, the opposite parties appeared through counsel and submitted written version along with delay condonation application. But the Commission rejected the application on the ground of statutory bar.
3. The complainant has submitted proof affidavit in lieu of evidence. The documents produced by the complainant are marked as Ext. A1 to A11. Ext. A1 document is the copy of tax invoice dated 21/03/2023 showing payment of Rs. 1,769/- for the plan of ola care plus from the opposite parties. Ext.A2 document is the copy of tax invoice dated 26/09/2022 issued by the opposite parties to show payment for extended warranty. Ext. A3 document is the copy of tax invoice dated 26/09/2022 issued by the opposite parties. Ext.A4 document is the copy of tax invoice dated 24/09/2022 issued by the opposite parties to show payment of Rs. 500/-. Ext.A5 document is the photographs of the body part of the vehicle to show the scratches wilfully made by the opposite parties at service centre. Ext.A6 document is the copy of appointment details to show the availment of service from the opposite parties. Ext.A7 document is the photographs of the number plate to show the scratches wilfully made by the opposite parties. Ext.A8 document is the copy of certificate of ola care plus plan subscription showing its validity between 12/03/2023 and 11/03/2024 and the same offers home service pick up and drop facility.Ext.A9 document is the copy of certificate of extended warranty up to 14/03/2027. Ext.A10 document is the copy of details of registration of complaints and closing of the same without rectifying defects by the opposite parties. Ext.A11 document is the copy of the complaint made through email dated 26/12/2023 by the complainant.
4. Heard the complainant in detail. Perused documents and affidavit thoroughly. The Commission considered following points to adjudicate the matter.
(i) Whether the opposite parties have committed deficiency in service towards
the complainant?
(ii) Relief and cost?
5. Point No.1
It is pleaded by the complainant that he had purchased an electric scooter manufactured by the first opposite party. The second opposite party is the service center of the first opposite party. But the opposite parties were failed to provide assured services to the vehicle properly. According to the complainant, he had availed extended warranty as per Ext. A9 document. In addition the complainant had also availed ola care plus plan subscription as per Ext.A8 document. But the opposite parties did not provide home service and pick up and drop facility to him. It is also argued that the opposite parties did not take care and protection to his vehicle in proper manner. Accordion to the complainant the employees of service centre had wilfully caused damage to his vehicle by causing scratches. The complainant has produced Ext. A5 and Ext.A7 documents in this regard. It is alleged that the acts of the opposite parties were retaliatory measures against the complainant, who had disclosed the defective services of the opposite parties to another customer.
6. The Commission find that the complainant has proved allegation of deficiency in service against the opposite parties. It has come out in evidence that the opposite parties had wilfully damaged the vehicle by causing scratches on the body part of the vehicle as a retaliatory measures against the complainant, who disclosed details of deficient services of the opposite parties with another customer. Ext.A5 and A7 document would show that the vehicle has suffered damages. The Commission also find that even after submission of complaint as per Ext.A11 document no action was taken by the opposite parties to redress the grievance of the complainant. Exts.A1, A2, A8 and A9 documents produced by the complainant would show that he had availed subscription of extended warranty facility as well as ola care plus plan from the opposite parties. But the opposites parties were failed to provide facilities under the plan. It has come out in evidence that the vehicle was not taken from his home for services, though the opposite parties were bound to do so as per Ext.A8 document. Hence the Commission find that the opposite parties have committed deficiency in service towards the complainant. It is also evident from Ext. A11 document that the service centre did not rectify the reported defect properly and even misbehaved towards complainant and caused damage to the vehicle.
7. Point No.2
The Commission find that the opposite parties are jointly and severally liable to pay adequate compensation to the complainant for the sufferings of mental agony. The opposite parties did not provide required services to the complainant. Hence the opposite parties have violated the terms and conditions of warranty. The acts of the opposite parties have caused mental agony to the complainant. Moreover the opposite party had deliberately caused scratches to the vehicle and misbehaved towards the complainant, which also caused sufferings of mental agony. Hence the opposite parties are liable to pay Rs. 50,000/- to the complainant as compensation for the act of deficiency in service causing mental agony. Moreover, the opposite parties are also liable to pay cost of litigation to the complainant as he was forced to adopt legal remedy to get redressed his grievances. Hence the opposite parties are liable to pay Rs.5,000/- to the complainant as cost of litigation. The Commission also find that there is no proper document available before the Commission to prove actual financial loss sustained to the complainant due to the scratches deliberately caused by the opposite parties. Hence no order is passed in that regard. Moreover, the Commission also decline to consider the prayer for extension of period of extended warranty and care plus plan availed as per Ext.A8 and A9 documents as there are no compelling situations proved for the same. In the light of above discussion, the Commission allow the complaint in the following manner.
- The opposite parties are directed to pay Rs. 50,000/- (Rupees fifty thousand only) to the complainant as compensation for the sufferings of mental agony caused due to their deficient acts.
- The opposite parties are directed to pay Rs. 5,000/- (Rupees five thousand only) to the complainant as cost of litigation.
The opposite parties shall comply this order within 30 days from the date of this order otherwise entire amount shall carry interest at the rate of 9% per annum from the date of this order till the date of realisation
Dated this 30th day of September , 2024.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
MOHAMED ISMAYIL.C.V, MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A11
Ext.A1: Copy of tax invoice dated 21/03/2023 showing payment of Rs. 1,769/- for the
plan of ola care plus from the opposite parties.
Ext.A2: Copy of tax invoice dated 26/09/2022 issued by the opposite parties to show
payment for extended warranty.
Ext A3: Copy of tax invoice dated 26/09/2022 issued by the opposite parties
Ext A4: Copy of tax invoice dated 24/09/2022 issued by the opposite parties to show
payment of Rs. 500/-.
Ext A5: Photographs of the body part of the vehicle to show the scratches wilfully
made by the opposite parties at service centre.
Ext. A6: Copy of appointment details to show the availment of service from the
opposite parties.
Ext.A7: Photographs of the number plate to show the scratches wilfully made by the
opposite parties.
Ext.A8: Copy of certificate of ola care plus plan subscription showing its validity
between 12/03/2023 and 11/03/2024 and the same the same offers home
service pick up and drop facility.
Ext.A9: Copy of certificate of extended warranty up to 14/03/2027.
Ext.A10: Copy of details of registration of complaints and closing of the same without
rectifying defects by the opposite parties.
Ext.A11: Copy of the complaint made through email dated 26/12/2023 by the
complainant.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
MOHAMED ISMAYIL.C.V, MEMBER
