Faulty supply of lithium battery for resale by an assembler

Vadivel Murugan K (Querist) 11 May 2022 This query is : Resolved
We started a small set up for resale of EV (Electric Vehicles) 2 wheeler in Trichy, Tamilnadu by purchasing from an assembler of EV based at Noida.

When we bought vehicles, the assembler assured mileage of 60 kms with a single charge of 48 V 30 Ah lithium ion battery (with a sticker on top of the battery). On reselling the same we found that vehicles are giving only 40 kms mileage and subsequently we requested the assembler to exchange with new ones.
He is not agreeing for the same. we were cheated by the assembler. we are at huge loss.

kindly suggest in this regard to get the compensation.

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A small business reselling electric two-wheelers in Tamil Nadu has been left with significant losses after discovering that the lithium-ion batteries supplied by their assembler provide only 40 km mileage, not the promised 60 km. The assembler is refusing to exchange the faulty batteries. Advice suggests pursuing legal action, potentially through a civil suit for damages or filing a case under Section 420 IPC, as consumer forums may lack jurisdiction due to the commercial nature of the purchase.

kavksatyanarayana (Expert) 11 May 2022
You shall file a case against the seller company/firm in District Consumer Forum by consulting a local lawyer.

Advocate Bhartesh goyal (Expert) 12 May 2022
No, District Consumer Commission has no jurisdiction to entretain such complaints as Electric Vehicles are purchased by you for resale means you purchas E.V for commercial purpose and where commercial purpose is involved , jurisdiction of Consumer Commission is oust. You may file complaint against seller u/sec 420 IPC for your grievances and also file civil suit for damages.

kavksatyanarayana (Expert) 13 May 2022
OK sir. Follow the advice of the the learned expert Mr. Bhartesh Goyal Sir.

krishna mohan (Expert) 18 May 2022
It is a commercial contract. Check for terms on specific performance, warranty support which includes replacement for failure. But, invariably the kms are max. not minimum guaranteed as we see in petrol vehicles also due to road conditions etc., If value is more use services of local lawyer speciaized in contract and ADR for right lawful remedy.

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