Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
15th day of December 2022
CC 78/21 filed on 15/03/21
Complainant : Thomas, S/o Paili, Theneth House,
P.O. Muttithady, Thrissur – 680 317.
(By Adv. Asha K.V., Thrissur)
Opposite Parties : 1) The Manager, Rapid Motors, Thalore,
Nr. Paliakkara Toll Plaza, P.O. Thalore,
hrissur – 680 306.
2) The Manager, Okinawa Auto Tech Pvt. Ltd.,
Plot No. E-28, RIICO, Industrial Area, Khushkhera,
Teh. Tijara, District Alwar – 301 707, Rajasthan.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The 1st opposite party is the Manager and the Authorised Dealer of Okinawa Autotech Pvt. Ltd., who does sales and servicing of Electric Scooter manufactured by 2nd opposite party company. On 12/09/2018 the complainant had purchased RIDUE 30 model frame No. M5WBBEBAHJ1106947, RED colored electric scooter. It had five batteries bearing No. From 145869 to 145873. It had a battery charger having serial No.18730. The opposite parties and their executives had given assurance to the complainant that the vehicle as well as the battery is manufactured using high quality materials and it can be used without any complaint for a pretty long time. But the vehicle had shown a complaint within one week of its purchase. The batteries were of low quality and was not functioning properly. The electric charges in the batteries were considerably reduced even without any use. It was not getting charged even when it was connected to main lane. The vehicle will not start and it also showed many complaints on running. The complainant had entrusted the vehicle to the opposite parties for repair, multiple times but it couldn’t run properly. They kept the vehicle in the showroom for weeks and continued to take money for the repair of the vehicle as against the contract at the time of purchase. The vehicle was not repaired and not returned to the complainant. The complainant came to know that the vehicle was completely damaged and was not in a running condition. On enquiry it was informed that all the five batteries were completely damaged and will be replaced by the 1st opposite party but they insisted for the price of the batteries from the complainant. The vehicle was having manufacturing defects and the 1st opposite party and his men had conducted many mechanical works on it. Thereby, the vehicle became useless for ever. The complainant had paid Rs.48,000/- towards the price of the vehicle. But the vehicle did not even run for 400 Kms. The vehicle was manufactured using low quality materials and by selling it, the opposite parties had obtained unlawful gain which amounts to unfair trade practice. The complainant had suffered huge losses since he was not in a position to use the brand new vehicle and the complainant had to avail taxi services to reach his destinations since the vehicle used to break down in the road. Moreover he visited the showroom several times to enquire the status of repair of the vehicle and had to miss his work for many days. The complainant sustained huge loss and agony. Hence this complaint.
2) Proper notice issued to the opposite parties by the Commission. The opposite parties have not cared to enter appearance or filed their version before the Commission. Hence proceedings against the opposite parties were set ex-parte and posted for evidence of the complainant.
3) When the case came for evidence the complainant filed proof affidavit in which he affirmed and explained all the averments made in the complaint. From his side there are 4 documents which are marked as Exts. A1 to A4. Ext. A1 is the Cash Voucher No.113, dtd. 12/09/18 issued by the 1st opposite party for Rs. 15,000/-. Ext. A2 is the Cash Voucher No.118, dtd. 18/09/2018 issued by the 1st opposite party for Rs.25,000/-. Ext. A3 is the Cash Voucher No.210, dtd.05/12/18 issued by the 1st opposite party for Rs.8,000/-. Ext. A4 is the Owner’s Manual.
4) We have gone through the contentions of the proof affidavit and perused the documents produced from the side of the complainant. As there is no contra evidence, we are convinced with the facts of the complaint and we have no other option than to believe the proof affidavit of the complainant. We are of the view that the opposite party deliberately evaded the process of law which amounts to the admission of negligence on their part. There is deficiency in service and unfair trade practice on the part of the opposite party. Hence we are inclined to allow the complaint.
5) In the result, complaint is allowed and the opposite parties are directed to pay Rs.48,000/- (Rupees Forty eight thousand only) received from the complainant along with interest @ 9% from the date of complaint. Also directed to pay Rs.15,000/- (Rupees Fifteen thousand only) as cost of compensation towards this complaint. The order shall be complied within 30 days on receipt of copy of this order. Failing which, the complainant is entitled for interest @9% for the entire amount till realisation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Cash Voucher No.113, dtd. 12/09/18 issued by the 1st opposite party for
Rs. 15,000/-.
Ext. A2 Cash Voucher No.118, dtd. 18/09/2018 issued by the 1st opposite party
for Rs.25,000/-.
Ext. A3 Cash Voucher No.210, dtd.05/12/18 issued by the 1st opposite party for
Rs.8,000/-.
Ext. A4 Owner’s Manual.
Id/- President
