SMT. MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund the value of vehicle Rs.1,31,300/- and Rs.50,000/- as compensation for mental agony, physical strain and cost to the complainant for the deficiency of service and unfair trade practice on the part of opposite parties.
The case of the complainant in brief
The complainant had purchased an electric scooter Aura with frame No.MZVBIAUMK 21003258 Reg.No. KL 13AT9178 worth Rs.1,31,300/- as per the invoice No.2021-252 dated 01/11/2021 from OP No.1. The vehicle has 3 year battery warranty and motor has 2 ½ year warranty also. The complainant has purchased the vehicle on believing the advertisement of OP No.1,2 & 3 that the vehicle is free from all defects and will be provided effective and speedy after sale service. The vehicle was delivered on 09/11/2021. But the vehicle shows the defect of front shock not properly working. Then the complainant approached OP No.1’s service centre and he told that it will be clear after regular use. But the chaise also got damaged. Thereafter on 18/07/2022, the vehicle produced before OP No.1 and taken back only on 26/07/2021. At that time OP No.1 charged Rs.1,300/- as the charge of Chaise and GST and Rs.600/- as the service charge of front shock & GST also. Then the complainant states that the OP had not made any free service in the vehicle. Moreover the OP offered 120Km per fully charged battery at the time of purchase. But never get 120 Km. For running 70KM. it is to be charged for 4 hours per day to get the battery fully charged before the defect. On 26/10/2022 the vehicle got stuck and break down. Then the complainant approached OP No.1 and checked the vehicle and stated that the vehicle having motor complaint. Thereafter on 25/11/2022 the OP stated that the motor servicing completed. Again on 13/12/2022 the OP No.1 stated that the battery box also changed. Thereafter on 12/10/2023 the vehicle again damaged for battery charge. Then on 03/11/2023 they demanded to deposit Rs.1,500/- again for battery charge. The complainant paid a total amount of Rs.2742/- to OP No.1 as service charge. But the OPs are not rectified the defects of the vehicle within a warranty period with free of cost. On 12/10/2023 the repair order clearly stated that the battery charging time the vehicle is overheat and stuck off the vehicle. From 12/10/2023 the vehicle is kept idle without using as there is no charge. The complainant is compel to hire other vehicle from day to day journey and he spend huge amount. 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 the complaint notice issued to all OPs. After receiving notice all OPs absent and not appeared before the commission and not filed their written version. Hence the commission had to hold that the OPs are set ex-parte.
Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by him against the OPs. Hence the complainant was called up on to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 6 documents marked as Ext.A1 and A6. The complainant was examined as Pw1. So the OP remain absent in this case. At the end the commission heard the case on merit.
In Ext.A1 is the Tax invoice No.2021-252 dated 01/11/2021 it clearly shows that the complainant had purchased the electric scooter for an amount of subtotal Rs.1,31,300/-. In Ext. A2 is the repair order dated 12/10/2023 and customer remarks noted as 1) Battery only, 2) Issue overheat 3)Courier charge not yet paid 4) Battery return to customer on 10/01/2024. In Ext. A3 is the copy of Repair bill. In Ext. A4 is the RC and Ext. A5 is the owner’s manual (warranty). As per the warranty card controller 1st, 2nd and 3rd free service instruction to service dealer 24 months, battery 36 months, charger 1 year. But no free service is given to the complainant. In Ext. A6 is the Whats App screen shot send by Vellora Motors to complainant. So the OPs are directly bound to redressal the grievances caused to the complainant. Therefore we hold that the OPs are jointly and severally liable to cure the defects of the vehicle to replace a new charger, chaise and motor free from all defects and in road worthy condition of the electric scooter with free of cost along with Rs.15,000/- as compensation for mental agony and other expenses incurred for the complainant and Rs.5,000/- as litigation cost.
In the result the complaint is allowed in part directing the opposite parties 1 to 3 jointly and severally liable to replace the charger, chaise and motor in the electric vehicle with free of cost and the vehicle is free from all defects in a road worthy condition to complainant along with Rs.15,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order or to refund the value of vehicle for Rs.94,000/- to the complainant along with Rs.15,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order. Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. After compliance of the said proceedings the opposite parties are at liberty to take back the vehicle bearing registration No.KL 13 AT 9178 from the complainant.
Exts.
A1 –Tax invoice
A2-Battery service details
A3-Copy of bills
A4-Copy of RC
A5-Owner’s manual
A6-Whats App screen shot
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forwarded by Order/
ASSISTANT REGISTRAR
