DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 21st DAY OF NOVEMBER, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 18.06.2024.
CC/239/2024
Mohammed Hafis Rahman.A, - Complainant
S/o.Ashraf.N, C/3-Baithul Rahma,
Nila Nagar, Olavakkode, Palakkad-678 002.
(Party-In-Person)
Vs
1. Ola Electric Technologies Pvt. Ltd. -Opposite Parties
414, 3rd Floor, Regent Insignia, 4th Block,
17th Main 100 Feet Road,
Koramangala, Bangalore, Karnataka-560 034.
2. Ola Electric Technologies,
Gopika Building, Shornur Road,
Chinmaya Nagar, Pallipuram,
Palakkad-618 004.
(Both OPs-Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant. The complainant purchased OLA S1 PRO GEN1 electric scooter manufactured by the 1st opposite party from the 2nd opposite party on 24th May, 2023; with the Financial Assistance from Tata capital Financial Service Pvt. Ltd. Rs.15,775/- was given as down payment. He approached this Commission with the following grievances/allegations;
a) The vehicle is giving less than 130 km for full charge against the promise of 180 km.
b) From the beginning itself, the vehicle was showing complaints/manufacturing defect viz hanging and malfunctioning while driving automatic rebooting etc. When brought to the show room they cleared the defect but all the problems recur.
c) The built quality of the body parts is not good, some parts are shaking and making annoying noise while driving. Whenever complaints are made they replace the parts, which again start giving the same problem after some time.
d) The front brake pad is of bad quality, and he had to take the vehicle 5 times to the show room for replacement of the same. On 12th January, 2024 the opposite party charged Rs.1,600/- plus SC for the same.
e) The original warranty for battery was for three years or 1,00,000 km. The complainant availed warranty extension for five years/60,000 km by paying Rs.4,499/-. But the battery was not charging fully from May, 2024 awards. The opposite party agreed to replace the battery under warranty.
f) The opposite party insisted the complainant to take additional warranty for 8 years/1,00,000 km for covering the replaced battery under warranty. He paid Rs.8,259/- for this additional warranty.
g) Because of the delay in getting the battery replaced, he lost his earning for 21 days.
The complainant is seeking refund of Rs.95,000/- being the original cost of the vehicle, Rs.21,000/- as compensation towards loss of income, Rs.10,000/- for mental agony and Rs.1,000/- as cost.
2. The complaint was admitted as notices were issued to the opposite parties. They failed to enter appearance or file version even after receipt of notice. Hence, their names were called in the open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A9 as evidence. Ext.A1 is the copy of RC of the vehicle, Ext.A2 is the receipt for the down payment made, Ext.A3 is the Insurance policy of the vehicle, Ext.A4 is the warranty issued, Ext.A5 is the service report, Ext.A6 is a series of images showing battery damage, Ext.A7 is the ID card and salary proof of the complainant, Ext.A8 is the electricity bills of April-May and June-July, 2024 and Ext.A9 is the news paper report on poor service rendered by the opposite parties.
4. As the opposite parties are set ex-parte, merits of the case can be assessed only on the basis of the proof of affidavit filed and documents marked from the side of the complainant. The opposite parties, in spite of receiving the notice did not take part in the proceedings to defend their case.
5. From Exhibits marked as evidence, especially Exts.A4, A5 and A6, it is evident that the complainant had to undergo series of troubles because of the defects of the vehicle in spite of spending additional amount for extended/additional warranty.
6. Resultantly, as the prima facie case is established against the opposite parties, the complaint is allowed. The following reliefs are ordered;
1) The opposite parties jointly and severally are directed to refund Rs.95,000/- towards the cost of the vehicle along with interest @ 10% p.a. from 24.05.2023, till the date of payment.
2) The opposite parties are also directed to pay compensation of Rs.21,000/- for loss of income and Rs.10,000/- for mental agony.
3) The opposite parties are further directed to pay Rs.1,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment
Pronounced in open court on this the 21st day of November, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of RC of the vehicle.
Ext.A2: Copy of receipt for the down payment made.
Ext.A3: Copy of the Insurance policy of the vehicle.
Ext.A4: Copy of the warranty issued.
Ext.A5: Copy the service report.
Ext.A6: Copy of images showing battery damage.
Ext.A7: Copy of the ID card and salary proof of the complainant.
Ext.A8: Copy of the electricity bills of April-May and June-July, 2024. Ext.A9: Copy of the news paper report on poor service rendered by the opposite parties.
Documents marked from the side of opposite parties: NIL
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost : 10,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
