Hyderabad Commission Holds Ola Electric Tech. Liable For Failure To Deliver Scooter Of The Same Colour As Requested

Brief Facts:

Smt. Srikala Yenigalla (“Complainant”) after watching an advertisement by Ola Electric Technologies Pvt. Ltd. (“Ola”), proceeded to book an OLA S1 Scooter in Marsh Mellow colour and paid the entire sale price amounting to Rs. 1,03,000/-. Subsequently, while awaiting delivery, the Complainant received a phone call from a representative of Ola, notifying her that a black-coloured vehicle was ready for delivery. In response, the Complainant raised objections via email, expressing her preference for the originally chosen Marsh Mellow colour. Instead of providing the Marsh Mellow colour, Ola's representative insisted on delivering a yellow scooter. When the representative arrived to deliver the said yellow colour vehicle to the Complainant's address, she refused to accept it. Despite this initial refusal, Ola made subsequent attempts to deliver the vehicle. Additionally, she paid an insurance amount of Rs. 7,079/-. Ola acknowledged an active Ticket ID related to the wrong colour delivery issue and informed her that she should wait for a resolution. Despite repeated follow-ups, Ola issued an invoice for Rs. 1,63,549/- after applying for a subsidy of Rs. 59,550/-. The vehicle was updated but this time, Ola attempted to deliver a "Jet Black" scooter, which was not according to the Complainant's colour preference. Faced with no alternative remedy, the Complainant filed the consumer complaint in the District Consumer Disputes Redressal Commission-I, Hyderabad (“District Commission”).

Ola contended that the original grievance arose from the delivery of a different colour variant due to technical glitches, and they were fully prepared to replace the correct colour variant, update the Registration Certificate, and settle the matter amicably. Ola argued that they had not committed any unfair trade practice and were not liable for any mental agony caused to the Complainant, urging the District Commission to dismiss the complaint.

Observations by the Commission:

The District Commission noted that after multiple emails and communications, the Complainant issued a legal notice through which she formally requested Ola to either deliver the originally ordered vehicle or refund the entire amount paid, accompanied by compensation. Ola responded through a reply, stating that the vehicle had been registered in the name of the Complainant without addressing the core issue. Further, Ola didn't submit any documents supporting their contentions.

Recognizing that timely delivery of the correct vehicle is paramount and that delays disrupt buyer expectations, the District Commission held Ola liable for deficiency of service and unfair trade practices. Consequently, it ordered Ola to refund an amount of Rs. 1,03,000/- paid towards the purchase of the Marsh Mellow SI Electric Two-Wheeler Vehicle along with interest @ 9% from 26.01.2022 till the date of realization. It was also directed to pay Rs. 25,000/- towards compensation for the mental agony and suffering caused to the Complainant and Rs. 10,000/- for the litigation costs incurred by the Complainant.

Case Title: Srikala Yenigalla vs OLA Electric Technologies Private Limited

Case No.: Consumer Case No.243 OF 2023

Advocate for the Complainant: R. Nitisha

Advocate for the Respondent: Gopi Rajesh & Associates