BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of First Appeal 28 of 2023 in Consumer Complaint 70 of 2022.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member M/s. DSP Electrics LLP., through its partners, Mr. Pankaj Naik Gaonkar, Mr. Satyajit Prabhudessai, Mr. Devesh Desai, having its office at Sh no UG 1 & 2, Ragunath City, Centre, Aquem, Margao, South Goa. 403601. ..…Appellant V.

Mr. Shyam Sukhanand Gaonkar, s/o Mr. Sukhanand Gaonkar, r/o H. No. 72, Kothiwada, Karapur, Sanquelim, Goa-403505. .....Respondent-1 Avera A1 Mobility Pvt. Ltd., Having its office at

2C, Door No. 40-15/2-19, Near Chandana Grand, Brindavan Colony, Benz Circle, Vijaywada, Andra Pradesh, 520010. .....Respondent-2 Adv. Ms. Sanjana Kakodkar present for Appellant.

Adv. J. Godinho present for Respondent-1.

Adv. Ajay Menon present for Respondent-2.

DATE: 07/10/2024 JUDGMENT [per Adv. Mrs. Varsha R. Bale, Officiating President]

1. This Appeal is directed against the Judgment & Order dated 23/06/2023 passed by the District Consumer Disputes Redressal Commission, North Goa, (The ‘District Commission’ for short) in Consumer Complaint No. 70/2022. The Appellant was the Opposite Party-2 (OP for short) and the Respondent-1 was the Complainant & Responsdent-2 was the Opposite party- 1 in the said Complaint. Parties shall hereinafter be referred to as per their status in the said Complaint.

2. The Complainant had filed the said Complaint praying therein to direct OPs to jointly and severally to refund an amount of Rs.1,37,773/- paid by the Complainant towards the cost of the said vehicle or in alternate to direct the OPs to give new vehicle of the same model and same type; to direct OPs jointly and severally to pay an amount of Rs.1,00,000/- towards compensation for harassment and inconvenience caused for want of vehicle; for costs of litigation.

3. Case of the Complainant in short is as follows:

That the Complainant purchased RETROSA AVERA two wheeler electric scooter on 08/11/2021 from OP-2 for Rs.1,30,000/- bearing Registration No. GA-04-P- 5174. On 21/07/2022, when the said vehicle placed under charging at his residence, it caught fire on account of manufacturing defects and was totally damaged. The original charger given at the time of delivery of the vehicle was used for charging. The Complainant immediately brought this to the notice of Mr. Yogiraj Desai, Sales Manager of OP-2. On the very next day i.e. on 22/07/2022, the personals of the OP visited his house and took the damaged vehicle for necessary action with an assurance and promise to replace the same with new one. Thereafter the Complainant telephonically contacted the Sales Manager and OP-2 asking for replacement of the vehicle. However, on every occasion he was assured and promised that the replacement of the vehicle will be done within a week’s time. But till date no replacement is given. The vehicle caught fire solely on account of manufacturing defects. The said vehicle is in possession of OP-2 since 22/07/2022 and they have not communicated the status of vehicle to him. The said vehicle was used by the Complainant for his personal daily use and for want of vehicle he is suffering a lot. OP-2 even has stopped answering his calls. Therefore, the Complainant issued Notice dated 03/10/2022 to OPs calling upon them to deliver the new vehicle within 15 days from the date of Notice. But inspite of receiving the Notice, the OP did not reply the same nor had delivered the new vehicle nor replaced the said vehicle. The Complainant further stated that he is entitled for either a new vehicle of the same type and the model or refund of the money against the purchase of the said vehicle.

4. The Complainant relied upon certificate of Registration of Vehicle bearing Registration No. GA-04-P-5174, Tax Invoice dated 08/11/2021, Insurance Policy issued by Bajaj Allianz General Insurance Co. Ltd., and Receipt dated 08/11/2021 issued by St