5 min readNew DelhiUpdated: Aug 5, 2026 05:07 PM IST
A Himachal Pradesh Consumer Commission has directed an automobile dealer to refund Rs 1.19 lakh besides paying Rs 10,000 as compensation and Rs 5,000 as litigation costs after holding that it sold a defective electric scooter. The commission found that the scooter continued to suffer from battery, mileage and starting problems even after its battery was replaced, amounting to deficiency in service.
The Bilaspur District Consumer Disputes Redressal Commission president Purender Vaidya and members Manchali and Jagdish Thakur were hearing a complaint filed by one Pawan Kumar under Section 35 of the Consumer Protection Act, 2019 alleging that an electric scooter purchased from Ivaan Automobiles developed defects soon after its purchase and that the dealer failed to rectify them despite replacing its battery.
“The aforesaid affidavits proved that from the very beginning there was a problem in the electric scooty as its battery and ignition system were defective…The battery, when charged fully, was not giving the claimed mileage,” said the commission on July 18.
The dispute arose after the complainant purchased the electric scooter in April 2025. According to him, he was assured that the scooter would deliver a range of about 200 kilometres on a full charge. However, even after the battery was replaced, the scooter allegedly covered only about 80 to 90 kilometres and continued to suffer from starting and battery-related issues, prompting him to move the consumer commission seeking a refund and compensation.
Defects soon after purchase
According to the complaint, Pawan Kumar purchased an electric scooter manufactured by Konami Private Limited from Ivaan Automobiles on April 11, 2025 for Rs 1,18,000. The scooter was later registered with the Registering and Licensing Authority, Ghumarwin, in Bilaspur district, and insured for Rs 5,281. He alleged that the scooter developed battery, mileage and starting problems soon after the purchase.
Although the dealer replaced the battery after charging him Rs 1,560, the defects persisted. The complainant further alleged that despite being assured the scooter would cover about 200 kilometres on a full charge, it delivered only 80-90 kilometres.
He subsequently approached the commission seeking a refund of the purchase price, Rs 1 lakh as damages, Rs 20,000 towards litigation costs and interest at 9 per cent per annum. The commission noted that despite being served notices, neither Ivaan Automobiles nor Konami Private Limited appeared before it and both were proceeded against ex parte.
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The complainant relied on his own affidavit, affidavits of two witnesses, the purchase invoice and proof of payment of Rs 1,560 towards battery replacement. The commission decided the case based on the unrebutted evidence.
Dealer guilty of deficiency in service
- Relying on the complainant’s unrebutted evidence, the commission held that the scooter suffered from defects from the very beginning and that its battery and ignition system remained faulty even after the battery was replaced.
- “Inspite of replacement of battery the problem persisted and the defect was not removed by opposite party number 1 (Ivaan Automobiles). This act is nothing but deficiency in service,” it observed.
- The commission also held that the dealer had sold a defective scooter to the complainant.
- It, however, dismissed the complaint against Konami Private Limited, observing that there was no privity of contract between the complainant and the manufacturer and, therefore, it had no liability in the matter.
Allowing the complaint, the commission directed Ivaan Automobiles to refund Rs 1,19,560, including the scooter’s purchase price and battery replacement charges, with interest at 6 per cent per annum from the date of filing of the complaint until realisation. It also awarded Rs 10,000 as compensation and Rs 5,000 towards litigation costs.
The dealer was permitted to take back the defective scooter at its own cost after cancellation of its registration certificate and was given liberty to take up the matter with the manufacturer. The complaint against the manufacturer was dismissed.
Consumer takeaway
Consumers facing recurring defects in a newly purchased vehicle can seek a refund and compensation if the seller fails to rectify the problems. Preserving invoices, payment receipts and other records can be crucial in proving deficiency in service before a consumer commission.
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Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh helpline: 1800–180–8087) or call the National Consumer Helpline at 1915 for assistance.
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