2 weeks ago
Disabled Kerala Couple Wins Scooter Replacement Order Against TVS
A village council in Kerala, India, gave a special gift to a husband and wife who have disabilities.
The gift was a scooter, and they needed it to earn money for their family.
But soon after they got the scooter, it started having problems.
The engine made loud noises and got very hot, so the couple could not drive it.
They took the scooter to repair shops many times, but nobody could fix it properly.
The couple felt sad and confused, so they asked a consumer court for help.
A consumer court is a special place that protects people when shops or companies treat them unfairly.
The big court agreed with the couple and told the scooter company to give them a brand-new scooter.
If the company does not do this in 45 days, it must pay them money instead.
This shows that when companies cannot fix what they sell, people have the right to stand up and get fair treatment.
The Kerala State Consumer Disputes Redressal Commission ordered TVS Motor Company and dealer Top Haven TVS to replace a defective scooter given to a disabled Kerala couple.
The scooter was bought on October 29, 2021 under a panchayat livelihood scheme for persons with disabilities.
Ajmal A, who is visually challenged, and his wife Aseena said the scooter became unusable after October 26, 2023, despite repeated repairs.
If the replacement is not made within 45 days, TVS must pay Rs 71,834 with 9 per cent annual interest, plus Rs 10,000 compensation and Rs 3,000 costs.
TVS Motor Company denied any manufacturing defect, but the commission said the finding of deficiency in service had become final under the Consumer Protection Act, 2019 as no appeal was filed.
- Who
- Ajmal A and his wife Aseena, a physically disabled couple from Kerala; respondents TVS Motor Company and dealer Top Haven TVS.
- What
- The state consumer commission ordered the replacement of their defective, unusable scooter, or payment of Rs 71,834 with 9 per cent annual interest plus compensation and costs.
- Where
- Kerala, India; the hearing was before the Kerala State Consumer Disputes Redressal Commission, following the District Consumer Disputes Redressal Commission in Alappuzha.
- When
- The state commission passed its order on July 20; the scooter was purchased on October 29, 2021 and became unusable after October 26, 2023.
- Why
- Because the scooter could not be correctly and completely repaired and therefore could not be used for the couple's livelihood.
Key facts
- Complainants
- Ajmal A and Aseena
- Respondents
- TVS Motor Company and Top Haven TVS
- Scooter invoice price
- Rs 71,834
- Replacement deadline
- 45 days from receipt of the order copy
- Compensation and costs
- Rs 10,000 compensation and Rs 3,000 costs
- Interest if not replaced
- 9% per annum on Rs 71,834 from the date of default
- Purchase date
- October 29, 2021
- Vehicle unusable since
- October 26, 2023
Quotes
Commission president Justice B Sudheendra Kumar
Head of Kerala State Consumer Disputes Redressal Commission
“Since the vehicle could not be repaired correctly and completely, the said vehicle could not be used for the livelihood of the complainants.”
indianexpress.com
Sources
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