DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No. 12 of 2014
Swayambhunath Khandagiri, aged about 58 years, S/o. Late Murari Mohan Khandagiri, R/o. village – Bikalpali, P.O./P.S. Birmaharajpur, District – Subarnapur.
………… Complainant
Vrs.
1. M/S. MAA AUTOMOBILES, Authorised Dealer of Excide Battery Shop No.G-1, Sagar Junction (Besides Hirakud Motors), N.H.6, Ainthapali Chowk Sambalpur.
2. Excide Industries Ltd., C/o. Ganesh Agency, N.H.6, Gopal Pali, P.O. Remed, Sambalpur-768006, Odisha
3. Deepak Panda, aged about 36 years, S/o. Balaram Panda, C/o. MAA BAISNODEVI AUTOMOBILES, At/P.O. Birmaharajpur, District – Subarnapur Pin - 767018
…… Opp. Parties
Advocate for the Complainant …………. Sri N.K.Tripathy
Advocate for the O.P. No.3 …………. Sri S.B.Guru
Present
1. Sri S.C.Nayak, President
2. Smt. S.Mishra Lady Member
Date of Judgment Dt.25.01.2016
J U D G M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service against the O.Ps.
The case of the complainant is that he purchased Excide Battery bearing Sl. No.244872 from the O.P. No.1 on 24.5.2012 through O.P. No.3 at the cost of Rs.3900/-. The O.P. No.1 received an amount of Rs.3400/- from the complainant after deducting Rs.500/- towards cost of 019 battery and handed over the same to the complainant with retail invoice cash memo Sl. No.1634 dt.24.5.2012.
The battery was used by the complainant in his Maruti Alto Car bearing Regd. No.02-AW-4440. After 10 months the battery started giving trouble and required replacement of spare parts. The defective battery was handed over to the O.P. No.3 . The O.P. No.3 received the said battery and assured the complainant to replace the same. But inspite of assurance the O.P. No.1 did not replace the defective battery and handed over the same to the complainant through O.P. No.3 on 12.6.2013.
The complainant alleges that the warranty of the said battery is for 24 months from the date of purchase.
-: 2 :-
On 18.6.2013 complainant sent pleader notice to O.P. No.1 and 2 with request to replace the defective battery. But they have not replied to the pleader notice.
Hence the complainant alleged that he has suffered mental agony as well as financial loss due to deficiency of service by the O.Ps. Hence he has prayed that the O.Ps. be directed to replace the said defective battery by a new one or to refund the cost price with interest and pay Rs.15,000/- as compensation and cost of litigation.
The O.Ps. never filed version in this case. O.P. No.1 and 2 has not entered appearance and they have not filed version. The O.P. No.3 though appeared through advocate has not filed version inspite of several adjournments. Ultimately the case was heard from the side of the complainant on 15.1.2016, as the O.Ps. remained absent during hearing.
Since the O.Ps. have not filed version and did not participate in the hearing we are disposing the case basing on the materials in the complaint petition which is not controverted from the side of the O.Ps.
The invoice No.16340 dt.24.5.2012 of Maa Automobiles, Ainthapali Chowk Sambalpur is there in the record. So the purchase of the battery by the complainant from O.P. No.1 is proved. The copy of the pleader notice sent to the O.P. No.1 and 2 is also there. Postal receipts in order to show that it was sent to the O.P. No.1 and 2 is also there on the record. The O.Ps. have not replied to the pleader notice of dt.18.6.2013. The complainant alleges that the battery was defective. O.Ps. have not controverted the same by filing version. There is no reason to disbelieve the averments of the complainant. So we direct the O.Ps. to replace the defective battery with a new one or to pay Rs.3900/- to the complainant.
The complainant has claimed compensation of Rs.15,000/- which according to us is on the higher side. Further the complainant has also not substantiated his claim for that amount in the complaint petition. In the facts and circumstances of this case we are of the considered opinion that a sum of Rs.1000/- towards compensation and Rs.1000/- towards cost of litigation would meet the ends of justice. O.Ps. are made jointly and severally liable for the deficiency. We order accordingly.
-: 3 :-
O R D E R
It is hereby ordered as follows :-
1. The O.Ps. are directed to replace the defective battery by a new one or to pay Rs.3900/- (Three thousand nine hundred)only to the complainant.
2. The O.Ps. are also directed to pay Rs.2000/- to the complainant towards compensation and cost of litigation.
All these should be done within one month from the date of receipt/production of this order. Complaint is partly allowed.
Dated the 25th day of January 2016
Typed to my dictation
I agree. and corrected by me.
Smt. S.Mishra Sri S.C. Nayak
Lady Member President
Dt.25.01.2016 Dt.25.01.2016
