Sri S.K.Sahoo,President.
This is a petition U/s. 12 of C.P.Act, 2019.
2. Briefly stated complainant’s case is that, he has purchased one Ampere Electric Bike Model V48 bearing Chassis No. MCPS10250AJA00464 & Motor No. 48V5ZD5ASN17JG15671,Model V48 on 01.03.2018 from opp.party No.2 for managing his livelihood. As per the terms and conditions of the opp.parties the complainant paid the amount for the bike. The opp.party No.3 is the authorised dealer for sales and service of Ampere Electric Bike who sold the vehicle to the petitioner with the conditions to give top priority of smart service for on road the vehicle. The complainant was regularly servicing his vehicle through Laxmipriya Automobiles service centre but from the beginning the vehicle was defective. The matter was brought to the notice of the service authority .There was problem in the pick-up and motor. The technician of Laxmipriya Automobiles unable to remove the problem and started changing all the parts of the said vehicle. Lastly the technician changed all parts of the vehicle. The complainant handover the said vehicle to Laxmipriya Automobiles Service Authority, Kandasar on 15.12.2018 for repairing. The servicing authority failed to repair the vehicle properly and handed over the same to the complaint. Due to defect in the vehicle the complainant is unable to manage his livelihood. By giving false assurance the vehicle has been sold. There is gross deficiency in service by the opp.parties, for which the complaint was put to loss, damage, inconvenience harassment and mental agony. Hence this case.
3. Inspite of notice to the opp.party No.2 & 3 through Regd.post with A.D they did not turn-up to contest the case. Hence by order dtd. 14.08.2019 they are set-exparte. The case of opp.party No.1 is that the complaint against opp.party No.1 is not maintainable either in law or in facts. There is no cause of action to file this case against the opp.parties. The complaint is baseless, misconceived, misleading and unsustainable. The complainant has not approached this Commission with clean hand. He has abused the process of law. It is to be dismissed U/s. 26 of the C.P.Act. The opp.party No.1 has no knowledge about the purchase of Ampere Electric Bike by the complainant for earning his livelihood. Opp.party No.2 is not the authorised dealer of opp.party No.1. The opp.party No.1 has no knowledge about the dispute raised by the complainant before this Commission. Neither the complainant nor opp.party No.2 informed about any defect in the bike. No intimation was given to opp.party No.1 by the complainant or opp.party No.2 . The vehicle was not purchased from the authorised dealer of opp.party No.1. No loss has been sustained by the complainant. There is no deficiency in service on the part of opp.party No.1. The case may be dismissed against opp.party No.1 .
4. The petition filed by the complainant is supported with affidavit. It is alleged by the complainant that he has purchased one Ampere Electric Bike bearing Chassis No. MCPS10250AJA00464 & Motor No. 48V5ZD5ASN17JG15671 Model V48 on 01.03.2018 from opp.party No.2 to earn his livelihood. He has paid the consideration amount to opp.party No.2 It is further alleged that opp.party No.3 is the authorised dealer for sales and service of the said bike purchased by the complainant. At paragraph-3 of the complaint petition he has specifically mentioned that there was problem in the pick-up and the motor, for which he has handed over the vehicle to Laxmipriya Automobiles service Centre for necessary repairing. It is clear from the complaint petition that the service centre authority has changed all the parts of the vehicle but the problem in the motor and pick-up continued. On 15.12.2018 the vehicle was handed over to the service authority for repairing but without properly repairing it was handed over to the complainant. Due to in action of opp.party No.2 & 3 the complainant sustained loss, damage and subjected to harassment and mental agony.
Inspite of notice opp.party No.2 & 3 did not appear to contest the case, for which they were set exparte, by order dtd. 14.08.2019.
From the documents i.e money receipt and the challan filed by the complainant it is clear that the complainant has purchased an Ampere Electric Bike bearing Chassis No. MCPS10250AJA00464 & Motor No. 48V5ZD5ASN17JG15671 of V48 model on payment of Rs.31,500.00 .
5. The case of the complainant is reliable and trust worth. It goes unchallenged. From the materials on record it is clear that there is deficiency in service of opp.party No.2 & 3. There is no iota of evidence that opp.party No.2 & 3 are the authorised dealer of opp.party No.1. There is also no material against opp.party No.1 to show that there is deficiency in service.
6. Due to deficiency in service by not removing the defect in the vehicle sold to the complainant by opp.party No.2 & 3, who are jointly and severally liable for the deficiency in service. It is apparent from the record that the complainant sustained loss, damage as he failed to earn his livelihood.
7. Hence ordered :-
: O R D E R :
The case be and the same is dismissed on contest against opp.party No.1 and allowed in part exparte against opp.party No.2 & 3. Both the opp.party No.2 & 3 are directed to take back the Ampere Electric Bike from the complainant and deliver a new vehicle. They are also directed to pay compensation of Rs.15,000.00 (Rupees Fifteen Thousand) only and litigation expenses of Rs.7,000.00 (Rupees Seven Thousand) only .Opp.party No.2 & 3 are directed to comply the order within one month from the date of receipt of this order ,failing which they have to pay an interest @ 12% p.a on the awarded amount till payment is made.
