Orissa

Kendujhar

CC/46/2015

Benudhar Munda - Complainant(s)

Versus

1. Kalinga Supply Agencies - Opp.Party(s)

Sri Basanta Ku. Mata

22 Jul 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 46 OF 2015

    Benudhar Munda, 45 Years,

    S/o- Late Piru Munda, At- Sanagambharia,

    P.O- Chakundapal, P.S- Turumunga,

    Dist- Keonjhar                                   …………………………….Complainant

                        Vrs.

1. Kalinga Supply Agencies,

    Madhapur Squire, N.H-6, Keonjhar,

    At/P.O- Madhapur, P.S- Town,

    Dist- Keonjhar

2. M/s. Tiwari Traders,

    Near Madhusudan Chowk, Barbil, Main Road,

    At/P.O/P.S- Barbil, Dist- Keonjhar,

    Odisha- 758035, Ph- 09238107588………………….………Op. Parties

 

PRESENT- Sri Akshaya Kumar Purohit, PRESIDENT

                   Sri S.C. Sahoo, MEMBER

                  Advocate for Complainant- Sri Basanta Ku. Mata

                  Advocate for OP1- Sri Deepak Ku. Mohapatra

                  Advocate for OP2- Sri Jagajit Panda & P.K. Panda

_________________________________________________________________________________________________________________________

Date of Hearing -31.05.2016                                                                                                                           Date of Order - 22.07.2016

Sri S.C. Sahoo, Member: The brief facts of the complaint of the complainant was that the complainant had purchased a Exide battery bearing SL. No. A3G3B013251 3G33 being type-FISO-IS880 on payment of Rs.8600/- vide money receipt No.8026, dt.25.10.2014 from O.P No.1 and OP1 had given warranty claim form for 3 years free replacement in case of any defect. But after using 7 months after purchase the battery could not be function i.e. on 16.8.15 for which the complainant intimated such defect to OP1 and delivered the defect battery for replacement with a new one and OP1 assured the complainant to replace the battery with a new one on availability of stock within 15 days time. But after 15 days the complainant went to OP1 and OP1 denied to give new battery in place of defect battery and gave a receipt from which it is learnt that the defect battery as purchased was sent to OP2 on 26.8.15 and the same was returned on 27.8.15 with remarks that the purchased battery has became failed due to use of Tap water for Topping leads to Chlorine contamination for which the said battery has failed due to extraneous reason not covered under terms of warranty, which caused financial loss and mental agony caused deficiency of service by the OPs as well as unfair trade practice. Hence, this case,      

         After service of notice to OPs the OPs appeared through their respective counsels and filed their respective written versions separately. The OP1 in his  written versions stated that the present case is not maintainable against him and the complaint is bad for non-joinder of necessary party since the manufacturer of the battery was not arrayed as party and the OP1 has no liability under claim of warranty as was given by OP1 and this OP has complied the conditions under clause- 1 of the warranty by sending the battery to OP2 and also intimated to the complainant on verification of the battery by engineer of the company and further stated that settlement of any claim for either repair, rectification, free replacement on pro-rata settlement rests with the manufacturer and as per service engineer of the manufacturing company discloses that the said battery failed due to use of water for topping leads instead of use of distilled water the battery was electrolyte contamination of defect as per clause-11(d) of the warranty and hence the OP1 is no way liable as performed his duty meticulously to the complainant.  

         The written version of OP2 in which stated that the present complaint is not maintainable as there is no cause of action and non-joinder of necessary party and further stated that a frivolous claim has been filed to get illegal gain as claimed by the complainant and further states that there is no privity of contract between the OP2 and the complainant on purchase of the battery in question. But the transaction between OP2 and OP1 are on principal to principal basis and the OP1 is the agent for any purpose and the battery manufactured by the company and being purchased by the OP2 to sell the same to their own customers, hence prayed for dismiss the complaint as based on vexatious and malafide intention.    

         Heard, the learned counsels for the contesting parties and perused the materials available in record. It is not disputed by the OPs the battery purchased by the complainant. But disputed the defects as found on the battery of the complainant is due to use of tap water for toping leads to chlorine contamination.

        To this the learned counsel for the complainant has submitted that the alleged battery did not function on 16.8.15 as there might be any defect in the battery which could not be solved by the complainant and accordingly the complainant delivered the defect battery to the OP1 who sold it and the OP1 sent it to OP2 for repair of the defect in the battery but the OP2 without removing the defect/ faults returned the battery to OP1 who is a dealer vide his request No. NVIEXIBRB/3619873, dt.26.8.15 is nothing but deficiency of service as well as Unfair Trade Practice. 

        On the other hand, the learned counsels for the OP1 & OP2 both has submitted separately reiterating the same version, the battery was failed due to extraneous reason and due to use of tap water for toping leads chlorine contamination.

        Perused the materials available on record and perused the bill issued by OP1 vide Sl. No.8026 dt.25.10.14 it is evident from the sale invoice that complainant had purchased the said battery at a consideration of Rs.8600/- and this fact has not been denied by the OPs. It is seen from the warranty claim filed by the complainant that the manufacturer warrants the product to be free from defects in material and workman ship and the warranty covers for 3 years and perused the letter of OP2 of dt.27.8.15 and to the submission of OP2 has not produced any believable evidence as enshrined in his version as well as in his letter to OP1 on dt.27.8.15 regarding cause of tap water either in his delivery challan on verification by company’s service engineer at service station at Keonjhar. Which seems exaggerated by the OPs in order to save from their liability.

        Coming to the point of liability, the consumer has direct touch with the dealer i.e. OP1 and not with the manufacturer. The dealer OP1 is dealing with the consumer for the manufacturer who manufactured the products. Hence, the manufacturer through OP2 and the dealer OP1 both are jointly and severally liable for the alleged defect battery.    

       With these discussion and materials available, it will be genuine to replace of the defective battery with a new one failing which refund of price will meet the ends of justice. Hence,                           

O R D E R

       The OP1 is directed to replace the defective battery with a new one and with fresh warranty if stocks available with him, failing which we direct the OP1 to refund the price of Rs.8600/- to the complainant within one month time from the date of receipt of this order. No order as to cost & compensation.

      Accordingly the complaint petition of the complainant is disposed of.   

 

                                                                                                                                                    I agree                                                                                   

            (Sri S.C. Sahoo)                                                                                                      (Sri A.K. Purohit)                    

                  Member                                                                                                                    President                               

        D.C.D.R.F Keonjhar                                                                                                 D.C.D.R.F Keonjhar

 

                                                                                                       Dictated & Corrected by me

                                                          (Sri S.C. Sahoo)                                                           

Member, D.C.D.R.F Keonjhar