District Consumer Disputes Redressal Commission Chandigarh gas directed a dealer and M/s Hero Electric Vehicle Private Limited to pay Rs 20,000 compensation to a city resident after the battery of his electrical scooter developed defects soon after its purchase. The commission has also directed it to replace the battery of the electric scooter with a new one and extended warranty.
Ashok Kumar, a city resident in a complaint filed before the commission said that he purchased a Flash LE Red Electric scooter on April 8, 2022, for Rs 52,000 from M/s GoGreen Bikes Private Limited, Sector 21 C, Chandigarh, with a 3-year warranty on e-bike and one-year warranty on batteries.
However, within 10 days of purchase, he found the battery was not charging properly and when he brought the defects to the notice of dealer, it did some minor repair but no job card was prepared. Thereafter, he again faced same problem that the battery not working properly and after inspection, the dealer prepared job card dated July 22, 2022.
The electric scooter remained with dealer for 20-25 days and thereafter was handed over to him. Again, in September 2022, he faced battery problem and after repair, dealer handed over the scooter him.
He said that the electric scooter is suffering from manufacturing defects and the dealer and the company are bound to repair the defective parts or replace the scooter, but they failed to do so despite contacting them repeatedly.
Alleging the acts amount to deficiency in service and unfair trade practice on the part of OPs, (Dealer and company) he has filed complaint seeking refund of the amount alongwith interest, compensation and litigation expenses.
On the other hand, the dealer and M/s Hero Electric Vehicle Private Limited in the reply claimed that they provided the service as per policy and the fault of the electric scooter was due to reason of handling and maintaining the vehicle by the complainant.
They said that they conveyed the message telephonically/personally and also sent a letter to the complainant on December 22, 2022. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
After hearing of the arguments, the commission said it is observed from the record that within a short period of purchase complainant repeatedly reported battery related defects. The job cards substantiate that the electric scooter taken to the workshop on more than one occasion for rectification of the same defect and further it also remained with the OPs (Dealer and company) for a considerable period for repairs. The main defence of the OPs is that the defect in the electric scooter in question occurred due to improper handling and maintenance by the complainant. However, no cogent evidence, expert report or technical material has been produced by the OPs in support of their said defence. Rather, recurring nature of the defect during the warranty period clearly establishes that there was some inherent defect in the battery, which the OPs failed to rectify effectively despite repeated opportunities.
In view of this, the OPs are directed to replace the battery of the electric scooter with a brand new one and extended warranty and to also pay Rs 20,000 to the complainant as compensation for the harassment caused as well as litigation expenses.
