DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.7 of 2018
Rabindra Kumbhar, S/o. Late Baman Chandra Kumbhar, aged about 48 years, Occupation – Advocate, R/o. Block Chowk, Sonepur town, P.O./P.S. Sonepur, District – Subarnapur
………….. Complainant
Vrs.
1. Rabindra Karmakar, Proprietor, M/s. Rabindra Auto Electricals, Authorised Dealer of Exide Battery, At – RCMS Complex Stall No.8) S.B.I. Road Sonepur, P.O./P.S. Sonepur, District - Subarnapur
2. The Managing Director, Exide Industries Ltd. 59E Chowringhee Road, Kolkata - 700020
………….. Opp. Parties
Advocate for the Complainant …………. Sri G.Negi
Advocate for the O.P. No.1 …………. Sri R. Agrawal
Advocate for the O. P. No.2 …………. Sri A.N. Hota
Present
1. Sri U.N.Purohit, President
2. Sri H.Padhan Member
Date of Filing Dt.19.04.2018
Date of Hearing Dt.03.09.2022
Date of Order Dt.22.09.2022
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed complaint petition U/s.12 of C.P. Act, 1986 claiming to supply new battery as per term and conditions, pay compensation of Rs.80,000/- for loss mental agony sufferings and humiliation, cost of litigation of Rs.10,000/-.
Fact of the case is that the complainant purchased one Battery Model No.FM18-MI700 Exide Battery Sl. No. A2Z5A012834 on 22.12.2015 bearing Invoice No.1853 from the O.P. No.1 on payment of Rs.5900/- for using his TATA Indica Car. The complainant after using the Battery 25 months 20 days the Battery found defective and took the same to the O.P. No.1 who confirm one cell of the Battery is damaged and there is no chance of repair. The O.P. No.1 told to the complainant to
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deposit the defective battery and assured to supply new battery as per term and conditions of the company the O.P. No.2. Accordingly the complainant deposited the battery before the O.P. No.1 on 18.02.2018, the O.P. No.1 supplied charging Slip No.955/dt.18.02.2018. After several request to the O.P. No.1 to get new battery by depositing money as per term and conditions of the company the O.P. No.1 became silent. The complainant lodged complaint through electronic process but the O.P. No.2 could not make answer and due to non supply of battery the complainant sustained heavy financial loss, loss of earning etc. The complainant being aggrieved with the deficiency of service of O.P. No.1 and 2 and for the defective product brought this complaint claiming compensation and supply of new battery as above.
The case is of the year 2018 and notice issued to the O.Ps. Advocate A.,N. Hota appeared on behalf of O.P. No.2 on 25.6.2018 and not yet filed version. The commission was defunct and after joining of President and Member issued fresh notice to both the parties on 30.3.2022. Advocate R.Agrawal appeared on 28.04.2022 and filed an undertaking to file Vakalatnama on behalf of O.P. No.1, but no Vakalatnama filed by the advocate Sri R.Agrawal and absent on 12..7.2022 and not file any version only filed a Memo that complaint petition is not supplied. The Memo filed by the O.P. is to avoiding file version as the complaint petition served with notice. On 28.07.2022 advocate for O.P. No.1 absent and not taking any step for filing of version or to take adjournment. On 19.08.2022 both the parties are absent on repeated calls and O.P. No.2 filed petition for adjournment for filing of version and O.P. No.1 or his advocate not yet filed version and remain absent, the commission on the petition of O.P. No.2 allowed both the parties to filed version on
dt.02.09.2022 positively and direct if they fails they set at exparte. On 03.09.2022 both the parties are absent, the O.Ps. failed to file their version and absent on repeated calls. The complainant omits and fails to take any action and absent on repeated calls, so the O.Ps. set exparte and the case has been posted to decide on merit.
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Perused the documents filed by the complainant, the Xerox copies and warranty card shown that 25 months to 27 months 35% discount on new battery if the battery found any defect. The Invoice No.1853 dt.22.12.2015 shows that the battery has been purchased against one Old battery and cash bas been paid of Rs.5000/- and old Battery has been valued of Rs.900/- so the total price of the battery is Rs.5900/-. The defect battery has already been received by the O.P. No.1 vide Charging Slip No.955 dt.18.02.2018 so in this back ground nothing to make finding on any other issues against the available materials only to decide what amount of compensation and cost of litigation as well as replacement of new battery as required to decide. As the complainant is a consumer and paid consideration for purchased of the battery for personal use of his Car.
The complainant has used defective battery 25 months 20 days which comes under the Slab of 25 to 27 months of his warranty Card so the 35% of the value of the battery is Rs.2065/- and value of defective battery is Rs.900/- as the Invoice shows old battery value Rs.900/-, so the O.Ps. are required to supply a new battery deducting Rs.2965/- against similar Model new battery. So far compensation is concerned Rs.1000/- as the complainant used the battery for a considerable period and its found defect in the last part of the warranty , compensation of Rs.1000/- and Rs.500/- towards cost of litigation would meet the ends of justice. We direct the O.P. No.1 to pay this amount to the complainant within one month from the date of order, Ordered accordingly.
O R D E R
It is hereby ordered as follows :-
The O.Ps. shall pay Rs.4,465/- (Rupees Four thousand Four hundred Sixty Five) only to the complainant in total compensation, value of goods and cost of litigation or else if the complainant wants new similar battery Rs.4465/- be adjusted with the price. This order be comply within one month from the date of order failing which the penal interest of 6% will be charged till realization of award amount.
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Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 22nd day of September 2022
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.22.09.2022 Dt.22.09.2022
