Date of filing:- 24/08/2017. Date of Order:-08/08/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 41 OF 2017
Mukesh Patel, S/o. Purusottam Patel, R/o. Rengalicamp, Ps. Attabira, Dist.Bargarh (ODISHA).
Complainant.
-: V e r s u s :-
(1) Managing Director Arise India Limited, B-38, Jain Chowk, Mangla Puri, Palam
New Delhi-110045(INDIA).
(2) The care of Managere Arise India Ltd. Main Road, RZ 1/2, Jain Chowk, palam Colony
New Delhi -110045.
(3) M/S Nikhil Electronic, Rengalicamp, Via- Attabira, Dist. Bargarh, Pin-768027,
Proprietor- Labamani Padhan.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S. B. Mishra and Associate.
For the Opposite Party No.1 and 2:- :- Ex-parte.
For the Opposite Party No.3.:- :- Sri A.K. Satapathy
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.08/08/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The Case of the Complainant is that the Complainant had purchased one Arise Battery (for invertor) bearing Model name M/N IT KHALI 165AH bearing serial no. AKEA 130902255 by paying Rs. 12,500/-(Rupees twelve thousand five hundred)only from retailer Opposite Party No.3 on Dt. 24/02/2015 against which the Opposite Party No.3 has duly issued money receipt no. 696 Dt. 24/02/2015. The Opposite Party No.1 is the manufacturer and Opposite Party No.2 is the Consumer service provider of the aforesaid batteries. That, after using the product for some months the aforesaid battery was unable to give current backup. The Complainant has placed his grievance before the Opposite Party No.2 on Dt. 20/07/2016 bearing Ref. code OR0011661028753 and requested to solve the problem. A pleader notice was also served to the Opposite Parties on Dt. 03/09/2016 to solve the problem but the Opposite parties remained silent. As the Complainant due to the manufacturing defect was not able to use the battery, being aggrieved this Complaint was filed before this Commission.
- The Case of the Opposite Parties is that the Opposite Parties did not appear before this Commission. Hence, the Opposite Party No.1, Opposite Party No.2 and Opposite Party No.3 are set exparte.
- After perusal of the documents filed by the Complainant following issues are framed.
ISSUES:-
- The Opposite Parties deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1:-
The Complainant on Dt. 24/02/2015 has purchased a battery from dealer Opposite Party No.3 vide Battery No. M/N IT KHALI 165AH S/N AKEA 1309o2255, by paying Rs. 12,500/-(Rupees twelve thousand five hundred)only and the battery was having warranty of 39 Months or against manufacturing defects on date of its original purchase.
The said battery became defective for which the Complainant lodged a Complaint to Opposite Party No.2 vide Ref Code OR0011661028753 but the Opposite Party No.2 remained silent and did not tried to solve the problem. Again, the Complainant served a pleader notice on Dt. 03/09/2016, to the Opposite Parties but the Opposite Parties paid a deaf ear to solve the problem.
According to the submission by the Complainant the aforesaid battery have warranty of 39 months, the defect assured during the warranty period. It is the duty of the Opposite Parties to replace the battery when the battery is within the warranty period, but the Opposite Parties did not appeared nor have filed their written version and accordingly the case is decided exparte against the Opposite Parties. The claim of the Complainant as per the petition along with evidence on official has not been disputed by the Opposite Parties due to their non appearance before this Commission.
Further, the dealer/retailer from whom the Complainant purchased the aforesaid battery is not responsible for any manufacturing defect only the manufacturer or authorized service centre is responsible for removal of defects.
The act of Opposite Party No.1 and Opposite Party No.2 for not rectifying the defects when the product is under warranty amounts to deficiency in service.
The issue is answered accordingly.
Issue No.2:-
As discussed supra the Complainant is entitled for the relief claimed.
Accordingly it is Ordered.
O R D E R
The Complaint is allowed exparte against Opposite party No.1 and Opposite Party No.2, dismissed against Opposite Party No.3. The Opposite Party No.1 and Opposite Party No.2 are jointly and severally liable to replace the defective battery on refund the price Rs.12,500/-(Rupees twelve thousand five hundred)only of battery to the Complainant.
Further the Opposite Party No.1 and Opposite Party No.2 are directed to pay Rs. 5000/-(Rupees five thousand)only compensation towards mental harassment and Rs. 5000/-(Rupees five thousand)only towards litigation expences within one month of this order.
Failing which the entire amount will carry 12% P.A. till realization.
Order pronounced in open court on this 08th day of August 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.08/08/2023 Dt.08/08/2023
P r e s i d e n t. M e m b e r (w)
