Date of filing:- 28/06/2021. Date of Order/Judgement:-17/07/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 33 OF 2021
Sri Amulya Baria, C/o.Shana Barei, At/Po. Sambalpur Patnaik Pada (Near Barampura mandir) Sambalpur, At/Present. Katapali, Po. Bardol, Ps/Dist. Bargarh, Pin. 768028.
…. …. ... Complainant.
-: V e r s u s :-
The Proprietor, Odisha General Private Limited, Opposite Veterinary Hospital Near Khaira Block Office, Kupari, Soro Road, Kharira Balesore, Odisha, Pin. 756048.
... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri Pramod Kumar Sahu and Associate.
For the Opposite Party:- :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.17/07/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The brief fact of the Complainant is that the Complainant has purchased an electric scooter on Dt. 02/11/2020 by paying an amount of Rs. 75,000/-(Rupees seventy five thousand)only through NEFT Banking. The Opposite Party delivered the scooter and acknowledge the receipt of money. The Opposite Party has assured the Complainant to replace the electric scooter in any time between three years if found defective. After the Complaint purchased the scooter the scooter due to battery problem/electronic fault never play on the road. The Complainant have communicated to the Opposite Party but the Opposite Party never tried to solve this. A pleader notice Dt. 23/02/2021/email was also served but the Opposite Party remained silent.
Being aggrieved this Complaint petition was filed by the Complainant.
- The Case of the Opposite party is that the Opposite Party did not appear before this Commission, hence set exparte.
- Perused the documents filed by the Complainant and following issues are frame:-
ISSUES:-
- Is the Complainant a Consumer of the Opposite Party ?
- Is there any deficiency of service/unfair trade practice in part of Opposite Party ?
- Whether the Complainant is entitled for getting any relief ?
Issue No.1:-
The Complainant has purchased a electric scooter Vega + white colour of EV on Dt 02/11/2020 by paying an amount of Rs.75,000/-(Rupees seventy five thousand)only from the Opposite Party. Hence, the Complainant is the Consumer of the Opposite Party.
Issue No.2:-
From the date of purchase, the said scooter started giving trouble, so there is a manufacturing defect. The Complainant communicated to the Opposite Party, a pleader notice was also sent but the Opposite party could not rectify/repair the said vehicle. Which amounts to deficiency in service against the Opposite Party.
Issue No.3:-
From all the facts of the case, the Complainant is entitled for getting relief.
O R D E R
The Opposite Party is directed to replace the electric scooter with a new electric scooter or refund Rs. 75,000/-(Rupees seventy five thousand)only towards the cost of Electric Scooter to the Complainant. Further the Opposite Party is directed to pay Rs. 20,000/-(Rupees twenty thousand)only towards deficiency in service and mental harassment and Rs.5000/-(Rupees five thousand)only towards litigation expenses within one month of this order to the Complainant failing which the entire amount will carry 9% intrest P.A. till realization.
Order pronounced in open court on this 17th day of July 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.17/07/2023 Dt.17/07/2023
P r e s i d e n t M e m b e r (w)
