Failure To Deliver Electric Scooter Despite Receiving Full Payment, Tiruvannamalai District Commission Holds OLA Experience Centre Liable
The District Consumer Disputes Redressal Commission, Tiruvannamalai (Tamil Nadu) bench of K. Ganesan(President), J. Ravindran (Member) and R. Vijaya (Member) held OLA Experience Centre in Tiruvannamalai liable for deficiency in services for failure to deliver OLA Electric Scooter despite receiving full payment. Brief Facts: The Complainant approached OLA Experience Centre to purchase...
The District Consumer Disputes Redressal Commission, Tiruvannamalai (Tamil Nadu) bench of K. Ganesan(President), J. Ravindran (Member) and R. Vijaya (Member) held OLA Experience Centre in Tiruvannamalai liable for deficiency in services for failure to deliver OLA Electric Scooter despite receiving full payment.
Brief Facts:
The Complainant approached OLA Experience Centre to purchase an Electric Scooter. The branch in charge at the showroom indicated that the vehicle would be delivered by December 13, 2023, but insisted on immediate full payment of Rs. 1,32,165/-. The Complainant made the full payment through both credit and debit cards on the same day. Subsequently, vehicle insurance was secured under the Complainant's name.
Later, the Complainant received an OTP for vehicle registration. When the Complainant sought information about the registration process, OLA Experience Centre changed the dates without offering a clear explanation. Despite repeated attempts to contact OLA Experience Centre, the Complainant received no satisfactory response.
Eventually, the Complainant obtained a mobile number claiming to belong to the Manager via WhatsApp, who advised waiting for an additional 15 days due to the company's failure to renew the required Traffic Singh Recognition (TSR) copy for vehicle sales. This negligence resulted in the Complainant paying for insurance on a vehicle not yet registered. Moreover, the vehicle remained unregistered well beyond the originally promised timeline, preventing the Complainant from using it for urgent medical purposes for his grandparents. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Tiruvannamalai (“District Commission”) against OLA Electric Mobility Private Limited and OLA Experience Centre.
OLA Electric Mobility Private Limited and OLA Experience Centre didn't appear before the District Commission for proceedings.
Observations by the District Commission:
The District Commission noted that the series of events of non-responsive behaviour on the part of OLA Experience Centre resulted in financial loss to the Complainant through unnecessary insurance costs and the inability to use the vehicle. Therefore, the District Commission held that OLA Experience Centre committed a deficiency in service by failing to deliver the vehicle despite receiving full payment and numerous requests.
Therefore, the District Commission directed OLA Experience Centre to refund Rs. 1,32,165/- to the Complainant. It was also directed by the District Commission to pay a compensation of Rs. 50,000/- as compensation to the Complainant for mental agony and Rs. 5,000/- for the litigation costs incurred by him.
Case Title: Tamilselvan vs The Manager, OLA Electric Mobility Private Limited and Anr.
Case Number: 59/2024
Date of Order: 03/06/2024