Orissa

Cuttak

CC/27/2023

Biranchi Narayan Sahoo - Complainant(s)

Versus

Chief Executive,OLA Electric Technologies Pvt Ltd - Opp.Party(s)

A K Sahu & associates

18 Jul 2023

ORDER

 

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.27/2023

          Biranchi Narayan Sahoo,

           S/o: Late Bansidhar Sahoo,

           At:Baniasahi,P.O:Buxibazar,

           P.S:Mangalabag,Dist:Cuttack,

           Pin-753001(Odisha).                                              ... Complainant.

 

          Vrs.

 

Chief Executive,OLA Electric Technologies Pvt. Ltd.,

At:Regent Insignia,414,

3^rd Floor,4th Block,17th Main,

100 Feet Road Koramangala Bangalore,

Karnataka,PIN-560034,India.                                       ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:   24.01.2023

Date of Order:  18.07.2023

 

For the complainant:                   Mr. A.K.Sahu,Adv. & Associates.

For the O.P.                :                 None.    

 

Sri Debasish Nayak,President

Case of the complainant as made out from the complaint petition in short is that he had gone through the online advertisement of the O.P and with the intent to procure one OLA SI Electric Scooter he had paid the price of the vehicle to the tune of Rs.1,12,180/- vide Reservation I.D No.OET-436165611041122-FVD539 on 4.11.2022.  But since because the O.P could not provide him the said vehicle inspite of his repeated E-mails dtd.05.11.2022,06.11.2022,07.11.2022,22.11.2022,23.11.2022, 24.11.2022,25.11.2022,26.11.2022,   27.11.2022, 28.11.2022     & 29.11.2022,   the complainant has come up with this case seeking either delivery of the booked vehicle to him by the O.P or to refund his money which he has paid for the said vehicle.  The complainant has also claimed a sum of Rs.5000/- towards the expenses as incurred by him and had further claimed a compensation of Rs.2,00,000/- towards his mental agony and harassment.  He has also claimed a sum of Rs.15,000/- towards his litigation expenses.

Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dt.17.4.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

          After going through the averments of the complaint petition and as per the copies of documents available in this case record, it is noticed that infact the complainant had booked one “OLA S1 Electric Scooter” which he could not get from the O.P inspite of paying for it and though he had sent repeated Emails to the O.P. in that connection, no result had yielded.  Ultimately, being thoroughly harassed, he had approached before this Commission either to get back his money as paid by him or the electric scooter as indented by him.  By not providing the said electric scooter to him and in the alternative, by not refunding back his money, the O.P here in this case is definitely found to be deficient in his service.  Accordingly, this issue goes in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.P.  The O.P is directed to supply the OLA S1 Electric Scooter to the complainant with immediate effect or to refund Rs.1,12,180/- to the complainant as paid by him for the vehicle.  The O.P is also directed to pay the complainant a sum of Rs.1,00,000/- towards compensation towards his mental agony and harassment alongwith a further sum of Rs.5,000/- towards the expenses as made by the complainant.  The O.P is also directed to pay a sum of Rs.15,000/- tothe complainant towards hislitigation cost.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 18^th day of   July,2023 under the seal and signature of this Commission.          

                                                                                                                  Sri Debasish Nayak

                                                                                                                         President

                     

 

                                                                                                               Sri Sibananda Mohanty

                                                                                                                            Member