Subject of the complaint which compelled the complainant to hook this commission is that the complainant Rahanul Alam inhabitant of Village Duliabari, Post Singea, PS Chanchal, Dist Malda purchased a Luminous Inverter battery from Rajib Electronic, OP no 3 Luminous Inverter battery serial no 220AH,1400VAI Inverter Luminous, Trolley at a cost 22,000/- on 23.08.2016. M/s Luminous Power Technology Pvt. Ltd represented by CEO, OP No 1 and M/s Luminous Power Technology Pvt. Ltd represented by its proprietor/ partner OP No 2 issued delivery challan and tax invoice in favour of complainant through OP No 3. OP 3, Rajib Electronic issued Warranty Card in favour of complainant. After 35 months uninterrupted usages of the said battery it started showing trouble. The complainant approached OP2 over phone and they attend from their office. After that complainant on 08.08.2019 and 26.10.2010 complained through online being complaint no 40081103203 and 400859952. OP 2 sent a service engineer from Kolkata to solve the problem. Complainant stated that the said inverter battery after repairing was lying more than 16 months without working condition. The complainant requested them to repair/ replace the said inverter battery but all in vain. OPs neither repaired nor replaced the inverter battery so due to their deficiency in service and unfair trade practice complainant suffered much loss. Hence the complainant approached before this commission for the relief of repair or replace of the disputed inverter battery, Rs 30,000/- for compensation for harassment and mental agony and Rs 50,000/- for litigation cost.

        In order to substantiate the complaint he filed documents like receipt of purchase, delivery challan, warranty card which are marked exhibit and examined himself in writing affidavit in chief. OPs received summons, filed WV along with affidavit. Hence hearing arose.

Decision with Reason

Points of decision – whether there are any deficiency of service and unfair trade practice by OPs?

This commission carefully perused the complaint and evidence in writing by the complainant and also perused purchased receipt of Inverter battery and manual content with warranty card. Now admitted portion though having properly summoned, OPs established their fairness in service ought to show that no fault on their part as inverter battery was not under warranty when become disordered in operation.

Consequently on perusal of warranty card, we, the commission find that “the warranty on battery being replaced free of cost shall commence from the date of sale of the original battery as started in the original warranty booklet and not from the date of the replacement given. For batteries purchased on pro rata warranty settlement discount a fresh warranty will be applicable from a date of purchase.” Respondent replaced the battery with the new one where as the warranty period of the said battery was for three years and after two years when respondent replaced the battery complainant again make a complaint on subsequent date for the new battery and he filed the complaint on 26.10.2019 whereas the warranty period of the said battery was completed on 22.08.2019. So in view of matter we, the commission find that it was clear that the alleged battery when the complaint was filed got out of warranty and there is no right of complainant for further replacement.

C.F paid is correct.

HENCE ORDERED

That the case be and same is dismissed on contest without any cost.

Let a copy of this judgement be given to the complainant/ OPs free of cost on proper application.