SRI. SAJEESH.K.P : MEMBER

           The complainant has filed this complaint U/S 35 of Consumer Protection Act 2019 seeking  direction against opposite party  to pay Rs.1,35,000/- towards the price of electric scooter and also pay Rs.3,00,000/- as compensation for mental agony and Rs.20,000/- as to cost of litigation.

Complaint in brief

            According to the complainant, on 22/12/2021, the complainant purchased an electric scooter from OP No.1 for an amount of Rs.1,35,000/- and at the time of purchase OPs assured proper service as and when required and 3 years replacement guarantee for motor, charge, control unit and battery.  OP No.1 is the dealer, OP 2 is the service centre and OP No.3 is the manufacturer of vehicle in issue respectively.  But from 06/03/2023 the vehicle was not in a condition to user as it is not functioning properly.  This issue was addressed to sales head, service engineer, service centre etc. and all efforts made by complainant to avail service from OPs become futile and hence this complaint.

After filing the complaint, commission sent notice to all OPs. OP 1 and 2 personally appeared before the commission but no vakkalath and version filed.  Hence the commission had to hold that the OP 1 and 2 have no version as such in this case come to be proceed against the OP1 and 2 as set ex-parte.  The notice to OP No.3  was not returned and deemed to be served and OP 3 is not appeared and filed any version hence the OP No.3 is set ex-parte.

            Even though the OPs have remained ex-parte, it is for the complainant to establish the allegation made by him against the OPs.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chose to produce his affidavit along with documents which is marked as Ext.A1 to A4 and C1.    Ext.A1 is the order booking form issued by OP No.1 dated 22/12/2021, A2 series is the cash bill issued by OP No.1, Ext.A3 is the service book issued by OP No.3 and Ext.A4 is the original RC of the vehicle and Ext.C1 is the expert commission report. The complainant was examined as Pw1.  So the OP remains absent in this case.  At the end the commission heard the case on merit.

            Let us have clear glance into available evidence before the commission to answer whether there is any deficiency in service.  Ext.A1issued by OP No.1, the order booking form dated 22/12/2021 also reveals the price of the vehicle in issue ie Rs.1,35,000/- which was seen as  paid through Ext.A2(b).  The other documents to peruse, is the service bills till 29/03/2023 (Ext.A2 (a), (b), (c), (d).  Here the fact in issue arise with regard to the warranty and service deficiency.  According to Ext.A3, it is apparent that the warranty for motor, controller, charger frame etc. is for 36 months or 30000 kilometer whichever is the earlier.  As per Ext.C1 the report stated that the major part like motor and controller unit of the vehicle in issue is defective and irreparable and the said items should be replaced.            On the perusal of ext.A3, the last service done on 29/03/2023 and the                       kilometer travelled   is seen as14222.  Hence the warranty clause of 36 months from the                                date of purchase or 30000 kilometer whichever is applicable to  the vehicle                           in  issue  as  stated  in Ext.A3   is     applicable    as  the  vehicle      purchased     in

22/12/2021. Therefore, the vehicle in issue has warranty coverage and there by the complainant is entitled to get the vehicle repaired at free of cost.  The complainant suffered deficiency in service as the all OPs failed to provide service which the complainant was entitled.  Hence the commission came into a conclusion that complainant is entitled to get  his vehicle in issue repaired at free of cost, otherwise complainant is entitled to get the price money  paid as per Ext.A1 and Ext.A2(b) and also eligible for compensation and cost of litigation.

            In the result the complaint is allowed in part.  The all opposite parties are jointly and severally liable to cure the defect of vehicle of free of cost within one month from the date of order, otherwise they are liable to pay Rs.1,35,000/- which was the purchase money of electric scooter and also pay Rs.10,000/- as compensation for mental agony and Rs.7,000/- as cost of litigation.  In default the complainant carry 10% interest of Rs. 1,35,000/-  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.  The opposite parties are at liberty to take back the vehicle in issue as and when the price money  given to complainant.

Exts.

A1 - order booking form issued by OP No.1 dated 22/12/2021

A2 (series)-Cash bill issued by OP No.1

A3 - Service book issued by OP No.3

A4 - Original RC of the vehicle

C1 -Expert commission report

Pw1- Complainant

    Sd/                                                                                Sd/                                                           Sd/

PRESIDENT                                                                MEMBER                                               MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

 /Forwarded by order/

Assistant Registrar