SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the 1^st OP to refund  Rs.1,07,240/-  being the total on-road price of  E- scooter paid by the complainant to 1^st OP with 18% interest  per annum till realization and  directing OPs 1,3&4 to pay Rs.3,00,000/- as compensation towards the damages and loss sustained  by the complainant along with cost of the proceedings for the  deficiency of service and unfair trade practice  on the part of OPs.

  The brief of the complaint :

       The complainant had purchased a Benling Aura electric scooter from 1^st OP for an amount of Rs.1,07,240/-.  The road price  quoted by 1^st OP was Rs.1,33,000/- and the  complainant after availing the government subsidy was directed to pay an  amount of Rs.97,000/- as per invoice No.66 dtd.23/1/2021.  In addition  the complainant had to pay road tax of Rs.6440/- ,insurance Rs.2800/- and Rs.1000/- towards registration .  The complainant made a total payment of Rs.107,240/- as on road-price for the e-scooter.  The electric scooter with engine No.BLHSMI-01048 and Chassis No.MD9BIAUMK20429452 was registered in the name of the complainant bearing Reg.No.KL78A889.  The  e-scooter covers a battery warranty period for 3 years in ride mode from the  date of purchase.  Moreover, the  vehicle was insured with Bajaj Alliance Insurance Co.Ltd policy valid from 28/1/2021 to 27/1/2026.  The complainant has purchased the vehicle only on believing the advertisement and assurance of  OPs 1&3 that the vehicle is free from all defects and will be provided effective and speedy after sale service.  Within  a few months of purchase, the vehicle was not working properly and was having a starting problem. The battery was always low even after the vehicle was charged for more than full  4 hours.  Then the complainant informed the matter to 1^st OP and as per the direction of 1^st OP he contacted 4^th OP.  Then 4^th OP repaired the vehicle without issuing any job sheet.  Thereafter the scooter occurs starting problem and faulty speedometer reading and overheating  of the  motor.  The circuit breaker started tripping within a short distance and the scooter would stop in the middle of the road all of a sudden.  On 1/3/2023 the complainant approached 1^st OP and registered his complaint.  After inspection 4^th  OP told the complainant to  leave the scooter at the service centre for 40 days for repairing purpose.  But it was not repaired and 4^th OP did not issue any receipt of the vehicle or opened any job card.  Then on 9/6/2023, 4^th OP called the complainant and asked him to take delivery of the scooter from the  service centre and states that  all the defects had been rectified.  Then on the same day complainant took delivery of the scooter and he reached Malapattam at Sreekandapuram 6.30 P.M the scooter suffered break down and all functions went dead.  Immediately he informed 4^th OP but no response from the side of 4^th OP.  After few days the complainant received a call from 4^th OP stating that they will attend to his scooter only after he pays an amount of Rs.800/- towards RSA scheme.  Then the complainant paid Rs.800/- on 13/6/2023 to 4^th OP as the service charge for towing  his scooter.  But the OPs are not rectified the defects of the vehicle within the warranty period.  The act of  OPs the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

           After filing this complaint, notice  issued to all OPs . All OPs received the notice and not appeared before the commission and not filed their  written version.  Hence the   commission had to hold that the OPs  are absent and  set  exparte.   On 23/1/2024 the complainant filed an application to appoint an expert commissioner to inspect the vehicle.  The petition allowed and one Mr.Sudheev.V.K, AMVI,RTO,Kannur  is appointed as the expert commissioner.  Then the expert  commissioner inspected the vehicle on 24/7/2024.  The vehicle bearing  Reg.No.KL 78A8889 .  Motor cycle was inspected  by the  expert in the premises of  old Benling  Service Centre,Kannur Alavil,Valapattanam.  The defect raised by the complainant’s are examining the defects of Benling Aura Electric Scooter including its faulty brake system, tripping of circuit breaker, starting problem, faulty speedometer reading, motor  overheating and low indication battery even after fully charged for more than full four hours.  At the time of  inspection the battery was disconnected from the vehicle and placed inside the garage.  The circuit breaker was not found on the vehicle.  The battery was not in a serviceable condition.  Moreover the vehicle was found in a bad condition due to exposure to natural elements.

    Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has  chosen to produce his affidavit along with 7 documents marking them  as Exts.A1 to A7 and Ext.C1 report also. The complainant  was examined as PW1.  So the OPs remain absent in this case.  At the end the Commission heard the case on merit.

     Let us have a clear glance at the relevant documents.  Ext.A1 is the tax invoice dtd.23/1/2021.  Ext.A2 is the R.C certificate dtd.11/2/2021.  Ext.A3 is the driving license.  Ext.A4 is the copy of insurance policy dtd.28/1/2021. Ext.A5 is the Owner’s manual .  Ext.A6 is the  advertisement brochure of 1^st  OP  Ext.A7 is the advertisement brochure of 3^rd OP .Ext.C1 is the expert report.  As per the expert report it is clear that the battery was disconnected from the vehicle, the circuit breaker was not found on the vehicle.  The vehicle was found in a bad condition due to exposure to natural elements. So  the OPs 1,3&4 are directly bound to redressal the grievance caused to the complainant.  Therefore we hold that  the OPs 1 to 4 are jointly and severally liable to  cure the defects of the vehicle to replace  a new battery free from all defects and  in a road worthy condition of the  electric scooter with free of cost to the complainant along with Rs.25,000/- as compensation  for mental agony caused to the  complainant and  Rs.10,000/- as litigation cost.

         In the result, the complaint is allowed in part directing  the opposite parties 1 to 4   are jointly and severally liable to cure the defects of the electric scooter by  replacing   a new battery free from all defects and make the scooter  in a road worthy condition with free of cost to the complainant or directing the 1^st  Opposite party  to refund the  on-road value of  scooter for an amount of Rs.1,07,240/- to the complainant.  Opposite parties 1 3,&4 are further directed to pay Rs.25,000/- as compensation  for mental agony caused to the  complainant and  Rs.10,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs. 1,07,240/-carries interest@ 12% per annum  from the date of order till realization.  Failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019. 

Exts:

A1- Tax invoice 23/1/21

A2- RC dtd.11/2/21

A3-Copy of driving license

A4-Copy of insurance policy

A5- Owner’s manual

A6&A7-Advertisement brochure of Os 1&3

C1-Expetreportc

PW1-C.H.Shihabudeen- complainant.

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                       /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR