In this case, the Complaint petition reflects that, the Complainant has purchased an Excide Battery N.H.D 600 vide No. 317262/4D7 of Rs. 4,000/-(Rupees four thousand)only from the Opposite Party No. 1(one) on Dt.18/09/2007 for using in his vehicle i.e. Indica(TATA) vide No. OR-23-7882. But the said battery created trouble in working which was complained by the Complainant near the Opposite Party at many times. Then, the said battery completely stopped it's work on Dt.10/02/2009 and it was immediately reported by the Complainant to the Opposite Party No 1(one). The warranty period for the said battery is 18 (eighteen)months, which would be ended on Dt.17/03/09. The Opposite Party No 1(one) did his best to repair the battery but when failed, instructed the Complainant to deposit the said battery near him to remit the battery to Opposite Party No 2(two) or No.3(three) for rectification or replacement. After that, the Opposite Party No 1(one) simply denied every approach of the Complainant on saying that, no intimation has come from the head office. But on Dt.07/05/09, the Complainant has received a letter from the office of the Opposite Party No. 2(two) that, warranty period is over, the said battery can not be repair or replace. But in fact, the Complainant has deposited the battery since Dt.10/02/09, within the warranty period. Hence, all the Opposite Parties are vicariously liable for the negligent act of Opposite Party No 1(one) .<br /> <br /> The Complainant has filed his case & prayed for a new battery in place of such defective battery, Rupees 20,000/-(Rupees twenty thousand)only for mental agony with Rs. 10,000/-(Rupees ten thousand)only for litigation cost from the Opposite Parties for their deficiency in providing proper service to the consumer. <br /> <br /> In support of his case, the Complainant has filed, xerox copy of delivery challan Dt.30/09/09 and xerox copy of Retail invoice sheet of Balaji Enterprises Dt.18/09/07 etc.<br /> <br /> In response to this, all the Opposite Parties are set ex-parte in this case.<br /> <br /> Perused the documents and heard from the counsel. It is found out that, the Complainant has purchased the said battery from the Opposite Party No 1(one). The Complainant has claimed in his complain petition and filed an affidavit in this regard that, he has deposited the said defective battery before the Opposite Party No 1(one) within the warranty period. <br /> <br /> On the other hand, in spite of receiving notice, the Opposite Party No 1(one) has neither filed version nor appeared before the Forum to challenge the complaint, filed against him. After all, the Opposite Parties are failed to prove that, they have provided proper good & better service to the consumer.<br /> <br /> In view of all these, the complaint petition is allowed.<br /> <br /> O R D E R<br /> The Opposite Parties are directed, jointly & severally, to pay Rs. 4,000/-(Rupees four thousand)only the cost of the Battery and Rs.1,500/-(Rupees one thousand five hundred)only towards compensation and litigation expenses within thirty days hence, failing which the total awarded amount shall carry 18%(eighteen percent) interest per annum till payment.<br /> <br /> The complaint disposed of accordingly