District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 6/2015
Sumit Majumder
S/o Sri Sukumar Majumder
Of Sambhu Sarkar Lane,
Chakbhabani (Near LICI)
P.O. & P.S.: Balurghat,
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
1. D. N. Enterprise,
Authorized Dealer of Exide Industries Ltd.
Having shop at Balurghat Town Club Market Complex,
Room No. 25, Nelson Mandela Sarani,
PO & PS: Balurghat, Dist.: Dakshin Dinajpur
2. Exide Industries Ltd.
Having Registered Office at ‘Exide House’
59-E, Chowringhee Road,
Kolkata – 700 020. …………………Opposite Party / Parties
Ld. Advocate(s):
For complainant ……………… - Shri Samit Bhowmick &
- Shri Benoy Brata Bhowmik
For OP No. 1 ……………… - Shri Bapi Moulick
For OP No. 2 ……………… - None
Date of Filing : 14.01.2015
Date of Disposal : 08.10.2015
Contd…P/2
Judgment & Order dt. 08.10.2015
The case of the complainant in brief is that the complainant purchased an Exide battery from the shop of OP No.1. After purchase it was found that backup of the said battery was very low and informed to the OP No.1 within warranty period and one engineer came and took away the battery by giving site inspection report whereby it was mentioned that the battery lying under the custody of OP No.1. Since the date of purchase of the battery that caused various problems which was brought to the notice to the OP No.1 but no step was taken, as a result a Lawyer’s letter was sent and when it was found that no step was taken by the OP No.1, the complainant had to file this case before this Forum praying for replacement of the battery or refund the price of the battery i.e. a sum of Rs.16,900/- and also for cost.
The OP No.1 contested this case by filing a written version whereby he denied all the material allegations made by the complainant in the complaint. It was specifically stated that the OP No.1 is a businessman having a shop at Balurghat Town Club Market and the OP No.1 has good reputation in the locality and he is a trader and not the manufacturer of the battery. The Exide Industries Ltd. is manufacturer of the said battery and any such service from any reputed company like Exide delicate helpline is there. The OP No.1 supplied a service battery so that the complainant does not have to suffer.
During the pendency of this case manufacturer of the battery Exide Industries Ltd. was made a party and though Summons was served but OP No.2 did not appear.
Considering the materials on record following points are to be determined :-
- Whether the complainant purchased the battery from OP No.1 in respect of Micro Tech Inverter with the fittings of battery of Exide made?
- Whether there was any deficiency in service on the part of OPs?
Contd…P/3
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
The complainant in order to substantiate his claim that he purchased Micro Tech Inverter from the OP No.1 and in order to prove the same some documents have been filed. The OP No.1 in the written version did not deny that the inverter was not purchased from the shop of OP No.1. It is also admitted fact that during the warranty period a complaint was lodged before OP No.1 and a service engineer was sent at the address of the complainant and he took away the battery after handing over the report whereby it was mentioned that the backup of the battery was low. From the said materials on record it is crystal clear that the complainant suffered due to low backup battery in the inverter which was sold by the OP No.1. Since, the OP No.1 in reply stated that he does not manufacture the battery and he simply a trader and disposed of the inverter to the complainant and he has pointed out the accusing finger towards OP No.2 which is admittedly situated in Kolkata which is a far away place from Balurghat. The OP No.1 whenever they took the agency of Micro Tech Inverter and sold the same to the complainant and being a reputed trader he cannot be shirk off his responsibility for providing the battery which is admittedly defective one. The OP No.2 did not appear in this case therefore the OP No.1 will be directed to provide a new Exide battery to the complainant and also to pay cost of Rs.5,000/- for the mental suffering faced by the complainant and OP No.1 will realize the value of the battery and the 50% of the cost from the OP No.2 . Thus, all the points are disposed of in favour of the complainant.
Hence, it is
Contd…P/4
O R D E R E D
that the instant petition of complaint CC No.6/2015 is disposed of on contest against the OP No.1 and ex-parte against the OP No.2. The OP No.1 is directed to provide a new Exide battery to the complainant within 9th November, 2015, and also to pay cost of Rs.5,000/- (Rupees Five thousand) only to the complainant within the said period, failing which the complainant will be entitled to get interest @ 8% p.a. till the realization of the amount.
The OP No.1 will be entitled to get back the battery which will be provided to the complainant and OP No.1 will procure battery from the OP No.2 by virtue of this order and also to get back 50% costs towards compensation from the OP No.2.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(S. N. Chatterjee)
President
We concur,
……Sd/-..…… ………Sd/-……..
(S. Saha) (S. Ganguli)
Member Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
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