DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 7th DAY OF AUGUST, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT.
: SMT. VIDYA .A, MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date of filing: 16.01.2024.
CC/22/2024
Haseena A, W/o.Niyas, - Complainant
Suhana Manzil, Silver Nagar,
Anappuram, Peruvambu Village,
Thannissery PO, Palakkad-678 501.
(By Adv.K.K.Menon)
VS
1. The CEO/General Manager, -Opposite Parties
Pureenergy Pvt. Ltd., H.No.10-38/2,
Sy.No.424/AA3,
Besides Arya College of Pharmacy,
Near IIT Hyderabad, Kandi village,
Thelungana.
2. The Manager, Wheels 2 Green,
Door No.63/2479, Albeys Estate,
Near South Over Bridge,
Cochin, Ernakulam-682 016.
(Both OPs are ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant in brief
The complainant purchased an Epluto Red Electric Scooter manufactured by the 1st opposite party for Rs.92,300/- from the 2nd opposite party on 12.07.2021. The vehicle was having warranty of three years. On 11.08.2023, the vehicle caught fire and reduced into ashes endangering the complainant’s life. She lost her driving licence, registration certificate and Rs.10,000/-in the fire.
According to the complainant, this has happened due to the manufacturing defect of the vehicle and hence, approached this Commission seeking a total relief of Rs.19,50,000/-.
2. Complaint was admitted and notices were issued to the opposite parties. Though the opposite parties received the notice did not file version within statutory period. Hence, their names were called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A8 as evidence.
4. In the absence of any counter pleadings from the side of the opposite party, this Commission is bound to examine the merits of the case and pass orders on the basis of proof affidavit and documents marked from the side of the complainant. Ext.A2 shows the complainant purchased the vehicle in question from the 2nd opposite party for Rs.84,000/- and Ext.A1 is the receipt for the total payment of Rs.92,300/- made by her for the vehicle, insurance, Registration etc. Ext.A3 is the warranty card of the vehicle. Exts.A4 and A5 are the receipt and GD entry for the fire incident. Ext.A6 is the RC of the vehicle, Exts.A7 and A8 are the lawyer notices issued to the opposite parties along with the postal acknowledgement receipt. Though the complainant produced a pen drive said to contain the videograph of the fire incident, it was not marked.
5. From the documents marked as above, it is evident that the vehicle caught fire and got damaged completely and beyond repair. The complainant lost her driving licence, RC and Rs.10,000/- also along with this, but luckily escaped unhurt.
6. In the absence of any explanation from the side of the opposite party, the fire can only be attributed to serious manufacturing defect of the vehicle and hence, the opposite parties are liable to compensate for the loss suffered by the complainant.
7. Resultantly, the complaint is allowed ordering the following reliefs.
1. The opposite parties are jointly liable to refund on-road price of Rs.92,300/- along with interest from 12.07.2021 till the date of payment @ 10% p.a.
2. The opposite parties are directed to pay Rs.5,00,000/- as compensation for financial loss, and mental agony suffered by the complainant.
3. The opposite parties are also directed to pay Rs.25,000/- as cost of the 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 7th day of August, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Advance receipt dated 12.07.2021.
Ext.A2: Tax invoice dated 12.07.2021.
Ext.A3: Warranty card dated 12.07.2021.
Ext.A4: copy of receipt of complaint dated 11.08.2023 issued by Nenmara Police Station.
Ext.A5: Copy of the General Diary of Nemmara Police dated 11.08.2023.
Ext.A6: Copy of the Registration Certificate dated 13.07.2021
Ext.A7: The lawyer notices issued to the opposite parties along with the post acknowledgement receipt dated 07.09.2023.
Ext.A8: The lawyer notices issued to the opposite parties along with the post acknowledgement receipt dated 17.12.2023.
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 25,000/-.
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.
