Battery failed within months, electric scooter owner wins free battery replacement worth Rs 55,000 despite expired warranty

‘Can’t disbelieve the complainant’s version’

• The commission found that the said company failed to prove that the defect in the scooter was not a manufacturing defect. 
• It further noted that the evidence on record showed that the battery-related defects kept recurring within a short span despite repeated servicing and assurances by the dealer.
• The consumer body held that due to the defective functioning of the batteries and failure of the said company to provide proper after-sale service, the man suffered mental agony, harassment and financial loss. 
• The consumer body concluded that there is nothing on record to disbelieve the version put forth by the complainant. 
• It also noted that the manufacturer and dealer chose not to contest the complaint by leading any rebuttal evidence.
• The commission rejected the contention that the battery manufacturer was a necessary party to the proceedings.
• It observed that the complainant had purchased a complete vehicle, including the fitted batteries, from the manufacturer through its authorised dealer.
• The consumer body held that the complainant is also entitled to Rs 10,000 as compensation on account of harassment and mental agony and Rs 5,500 as litigation expenses from the said company and dealer.

Batteries started failing within six months

It was placed on record that the complainant had purchased one ‘Okinawa Praise’ electric two-wheeler for Rs 71,460. At the time of purchase of the said vehicle, a booklet ‘owner’s manual’ containing free service cards and paid cards was issued to the complainant. At the time of purchase of the vehicle, a warranty card for batteries used in the vehicle was also delivered to the complainant. 

The said company further issued a delivery certificate of the vehicle. After purchase of the vehicle, the complainant availed two free services and three paid services up to November 2019.

According to the complainant, although the written battery warranty was for 12 months, the dealer assured him at the time of sale that the batteries would function properly for at least two years and that replacement support would be available even after expiry of the written warranty because of the dealer’s tie-up with the battery supplier.

However, after about six months of use, the batteries allegedly began malfunctioning and failed to retain charge despite being fully charged.

The complainant stated that he repeatedly brought the issue to the dealer’s notice during service visits. Each time he was assured that the problem had been rectified, but the defect would reappear within 10 to 15 days.

It was further claimed that the complainant purchased the electric scooter to save on rising petrol expenses despite paying a higher price for the electric vehicle than a comparable petrol-powered scooter.

According to the complainant, the dealer’s staff admitted that lead-acid batteries fitted in the scooter had generated complaints from several consumers and that lithium batteries would have been a better alternative.

The complainant further alleged that he was informed that replacement batteries would cost around Rs 55,000, even though the scooter itself had cost only about Rs 71,000.

He alleged that the dealer had misled him at the time of purchase regarding the quality and expected life of the batteries.

The complainant also stated that despite repeated assurances, the dealer failed to replace the batteries during the warranty period. When he eventually deposited the scooter at the showroom because of the persistent battery problem, he was informed that the warranty had expired and that he would now have to bear the replacement cost himself.