BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
AT KRISHNAGIRI
C.C. No. 142 / 2024
BETWEEN:
Chandhu ........ Complainant
AND:
The Manager,
TKRA EV BIKES & anr. ......... Opposite parties
WRITTEN ARGUMENTS SUBMITTED BY THE COMPLAINANT
The complainant in the above case most respectfully submits his argument
as follows:
BRIEF FACTS OF THE CASE:
1. It is hereby submitted that the complainant filed the above case against the
opposite parties praying to direct the opposite parties to refund the full
amount of Rs. 1,69,999/- paid by the complainant on: 7-5-2024 when the
Complainant purchased Kratos R EV-Bike worth Rs. 1,69,999/- at TKRA
EV BIKES showroom at Hosur and to pay Rs. 1,00,000/- as compensation
towards mental agony, strain, hardships, financial loss etc. for the act
committed by the opposite parties and to direct the opposite parties to pay
Rs. 25,000/- towards expenses incurred for this legal proceedings, and to
grant such other relief or reliefs deem fit for the above case.
2. The complainant through an online commercial advertisement came across
Kratos R EV bike and was enquiring about the features of EV bike at TKRA
EV BIKES showroom at Hosur. The Opposite party no.1 had approached the
complainant and as trust and assurances given by the opposite party no.1
regarding Kratos R EV bike to the complainant, the complainant on: 07-05-
2024 had purchased a new E-vehicle Kratos R of Tork Motors with engine
no. B112B02884 Battery no. B11222A02923 worth of Rs. 1,69,999/- from
the opposite party no.1 showroom TKRA EV Bikes at Hosur, Krishnagiri
District, Tamilnadu. However the E-bike delivered to the Complainant on:
10-05-2024 as the day was considered to be auspicious day for the
Complainant. The E-vehicle Kratos R of Tork motors which was newly
purchased from the opposite no.1, was defective and did not meet the
standards promised by the opposite parties.
3. The E-Vehicle Kratos R of Tork Motors which newly purchased from the
opposite no.1 was defective and did not meet the standards promised by the
opposite parties. The newly purchased E-Vehicle which barely ran for about
25 km from the showroom to the complainant’s house was stopped in mid of
the road in the very next day of the purchase. Hence on : 12-5-2024 the
complainant contacted the opposite party no.1 showroom and raised the
complaint to the opposite party no.1, however no employee of tork motors
turned up to pick the E-Bike, the complainant had towed the E-bike to the
Opposite no.1 showroom and demanded to redress the defects in Kratos R E-
bike and stated the grievance faced by the complainant. However, the
opposite party no.1 promised to rectify the defects through service of the
complainant’s E-Bike , informed the complainant to leave the E bike for
service and assured that they would rectify the defect and deliver the E bike
as brand new to them. As per assurances made by the opposite party no.1 to
the complainant, the complainant left the Kratos R E-bike for service under
the custody of the opposite party no.1 showroom.
As the time passed by nearly a month, the opposite no.1 did not deliver the
complainant’s Kratos R E-bike and also no information regarding the service
provided to the complainant. When the complainant questioned the delay
in service, on: 3-6-2024 the opposite party no.1 delivered the E-vehicle by
fraudulently changed another battery to the complainant’s Kratos R E-bike
without any prior information and without obtaining the consent of the
complainant. The complainant was astonished by the opposite no.1
fraudulent act when the complainant found the defective alarming sound of
E-bike, he further found that the battery had been changed as the battery
number of the previous one was differed with the latter. The defective
battery no. B11222A01591 which has been replaced to the actual
battery of E-bike. When the complainant raiesd the issue, the opposite party
no.1 atavistically lied as they had not changed the battery, but the opposite
party no.1 red-handedly caught by the complainant when the Complainant
asked the Opposite party no.1 to show the battery to verify it.
4. The Complainant immediately on the same day, returned Kratos R E-bike
back to the opposite no.1 and questioned the fraudulent act done by the
showroom, the opposite party no.1 evasively replied as “whatever you can
do, do it” to the Complainant. Kratos R E-bike still is in the custody of the
opposite no.1 at TKRA EV Bikes showroom at Hosur.
5. Despite several attempts made by the complainant by visiting the showroom
several times to redress the grievances made by the opposite parties and
due to the inadequency of service of the opposite parties, the complainant
had faced mental agony and suffered loss financially by having purchased
the defective product. However the opposite parties neglected the complaint
raised by the complainant and estopped to remedy the defect of their
company.
6. Hence on : 08-06-2024, the complainant mailed the grievances to both the
opposite parties and also caused to send a legal notice on : 08-06-2024 to the
opposite parties. The opposite parties even after receiving the mail and the
said legal notice dated: 08-06-2024, they had vaguely replied on : 10-06-
2024 through their automatic generative mail. But the opposite parties have
not issued any reply notice to the complainant till date.
7. Due to erring manufacturer, the joy of purchasing the complainant’s first
vehicle turned into distressing moment.
8. Hence the complainant filed this complaint before this Hon’ble consumer
Forum so that action can be taken against erring suppliers and the possible
compensation may be awarded to consumer.
9. The complainant has filed the following documents in support of the above
case and marked as follows:
SL. No PARTICULARS REMARKS Exhibits
1. Invoice of Kratos R E-bike Original Ex-C1
Certificate of Insurance cum Policy schedule Original Ex-C2
2.
3 Registration Certificate in the name of Photocopy Ex-C3
complainant for Kratos R E-bike
4. E- mail sent on 08-06-2024 to the opposite E-Copy Ex-C4
parties
5. Legal Notice dated: 08-06-2024 addressed to the Office Copy Ex-C5
opposite parties
6. Postal receipts for having sent the notice to the Original Ex-C6
Defendants
7 e- acknowledgement of the notice Copy Ex-C7
8 Automatic generative Reply mail received Copy Ex-C8
on 10-06-2024 to the complainant
9. Photographs of Kratos R E-bike – 13 nos Copies Ex-C9
Videographs annexed in CD
Hence it is prayed that this Honorable court may be pleased to pass a decree and
judgment as prayed in the above case and render justice.
COUNSEL FOR THE COMPLAINANT
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
AT KRISHNAGIRI
C.C. No. 142 / 2024
BETWEEN:
Chandhu ........ Complainant
AND:
The Manager,
TKRA EV BIKES & anr. ......... Opposite parties
WRITTEN ARGUMENTS SUBMITTED BY THE COMPLAINANT
FILED BY:
