Kolkata District Consumer Redressal Commission recently held Hero Electric Vehicles liable for deficiency in service and directed the company to replace the lithium-ion batteries and further directed them to pay litigation costs and compensation worth Rs 10,000 each to the man who had bought an electric scooter with faulty batteries.

A bench consisting of Manoj Kumar Rai (President), Ashoka Guha Roy Bera (Member), and Gopal Chandra Roy (Member) was hearing a complaint filed by a man who had purchased an electric scooter from Hero Electric Vehicles, which had a faulty lithium-ion battery, and the same was not replaced by the company despite the scooter being in the warranty period.

“It is further proved from un-challenged testimony of the complainant that on January 13, 2024, one of the replaced li-ion battery was again found defective… but the OPs failed and neglected to replace the said li-ion defective battery…The deficiency in service on the part of opposite parties (Hero, dealer) is proved as they have failed and neglected to replace the said battery which was under warranty on January 13, 2024 when it was handed over to the OPs for replacement,” the May 18 order read.

The Kolkata district commission observed that since the man had purchased an e-bike from the dealer, which was manufactured by the company on payment of consideration, the man fell within the ambit of a consumer under the Consumer Protection Act, 2019.

The commission noted that it was proven that the man had purchased an e-bike from the dealers, and the same was under warranty for three years, along with a three-year warranty on lithium-ion batteries when used for personal use.

It was also proved that the man used the e-bike, got it serviced by dealers from time to time, and both battery sets were found defective and were replaced by the company.

It is further proved that the replaced battery was again found defective and was handed over to the company, but they failed and neglected to replace the said battery with a new one as per the terms of the warranty.

The commission, however, also stated that, without any evidence, it was not established that, because of use of one battery, it had lost one year of fuel life due to its single use as claimed by the man.

The commission finally held that the deficiency in service on the part of the company was proved as they had failed and neglected to replace the battery, which was under warranty on the date when it was handed over to the company for replacement.

Accordingly, the commission allowed the complaint ex parte and ordered the company and the dealer to provide a replacement of the lithium-ion battery to the man and also further directed to pay compensation of Rs 10,000 along with litigation cost of Rs.10,000 to the man.

The commission also ordered that if the company and the dealers failed to replace the battery, they would have to pay Rs 20,000 to the man as a probable cost of the battery.

The ruling establishes the obligation of the companies to provide replacement and other essential services for faults automobile and the fact that the parts must be promptly replaced or repaired without hassle if they vehicle is in warranty period.

Accordingly, the products must be examined carefully by the consumers while and after buying the same in order to check them for possible defects.

For consumer-related grievances, individuals may contact consumer helpline in their respective states (West Bengal helpline: 033-2479-3078) or call the National Consumer Helpline on 1915 for assistance.