Delhi

West Delhi

CC/17/405

ROSHAN LAL - Complainant(s)

Versus

GANPATI BATTERIES - Opp.Party(s)

07 Sep 2018

ORDER

 

 

     CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 14.07.2017

Complaint Case. No. 405/17                                               Date of order:    07.09.2018

IN  MATTER OF

 

Roshan Lal, K-2/47, Mohan Garden, Uttam Nagar, New Delhi-110059                                                                                                                                                                                                                                                                                                               Complainant

VERSUS

Ganpati Batteries 245/5D, Main Najafgarh road, Uttam Nagar, Opp. Metro Pillar No. 661, New Delhi-110059

 

                                                                                                           

Opposite party                 

                                                                                                                       

                                    ORDER

PUNEET LAMBA, MEMBER

            The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that he has purchased four 120amp batteries vide bill no. 738 dated 23.03.2017 for sale consideration of Rs. 13,500/- from op in lieu of four old batteries. The Op assured six months warranty. The complainant’s batteries developed fault on 15.06.2017. Thereafter the complainant lodged complaint with OP but on one pretext or the other the OP failed to redress the grievance of the complainant and tried to convince the complainant that the batteries are  perfectly alright. The complainant had to suffer due to deficiency of op and was unable to ply rickshaw and had to sit idle at home. The complainant being poor person has only source of livelihood through this rickshaw. And had to face financial and mental difficulty. Hence the present complaint for directions to op to replace the battery which is within warranty period and also prayed for compensation for mental physical harassment

Notice of the complaint was sent to the Op . But none appeared on behalf of the Op and was proceeded ex-parte vide order dated 28.02.2018.

When the complainant was asked to lead evidence he tendered affidavit of evidence reiterating the facts stated in the complaint. He also relied on copy of invoice no. 738 dated 02.03.2017 , warranty card dated 02.03.2017.

During the course of arguments  the complainant was confronted with the issue of time period of warranty. He in all fairness admitted that the warranty papers were handed over to him by the OP but as he is an illiterate person could not understand the contents of warranty card. He further asserted that the op assured him of six months warranty on the disputed product.

 From perusal of the cash memo and warranty card it reveals that the serial numbers of batteries on the invoice and that on warranty card are the same, though there is no mention of warranty period. Needless to say that the warranty is given by the op on the disputed batteries, however, the time period of warranty is not mentioned for the reasons best known to OP.  The affidavit of evidence remains unrebutted and unchallenged and there is no reason to disbelieve the version of the complainant which is on oath. Moreover despite notice op chose not to defend his interest. Therefore, in the above  circumstances we are of considered view that the op has adopted unfair trade practice and  deceived  gullible complainant and made him to believe that there is  warranty of six months on the product in the dispute and the same will be replaced. Hence op is deficient in providing services. 

          Keeping in view of the aforesaid discussion and circumstance of the case, we direct op to refund Rs. 13500/- i.e. price of the batteries and pay compensation of Rs. 2,000/- on account of mental and physical harassment. However before any payment is released the complainant shall return old batteries or Rs. 1,000/- each battery to the OP.   

Copy of this order be sent to the parties as per rules.

   Announced on 07.09.2018.

Order pronounced on :-

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                        PRESIDENT