Delhi

East Delhi

CC/89/2015

RAJEEV JAIN - Complainant(s)

Versus

GREEN VISION - Opp.Party(s)

09 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST GOVT OF NCT DELHI

CONVENIENT SHOPPING CENTRE, 1^ST FLOOR, SAINI ENCLAVE, DELHI 110092

                                                                                           Consumer complaint no.        89/2015

                                                                                                      Date of institution               09/02/2015

                                                                                                      Order reserved on               21/09/2017

                                                                                                      Date of order                       21/09/2017

 

In matter of

Mr. Rajeev Sagar,

S/O Sh. P.K. Sagar,

R/o 18, Hargobind Enclave,

Bhartendu Harish Chandra Marg,

2^nd Floor, New Delhi 110092, ………………………………………………………………………………Complainant

 

Vs

 

M/S Green Vision Technologies Pvt. Ltd.,

S-91, Okhla Industrial Area Phase II,

New Delhi-100020…………………………………………………………………………………………………..Opponent

 

Quorum                      Sh Sukhdev Singh      President

                                    Dr. P N Tiwari             Member

 

Order by Dr P N Tiwari, Member

 

Brief facts of the case

 

Complainant purchased two Relicell Batteries bearing serial No. 101166 & 101201 on 15/06/2012 on 15/06/2012 from “New Tricolite Battery & Invertors”, having their shop in Kavi Nagar, Ghaziabad (CW1/1). Both the batteries were having 30 months warranty from 15/06/2012 to 14/12/2014 and the same were installed at the complainant house. The warranty card of the said batteries is annexed as CW1/2. The battery started giving trouble from 07/12/2014 & OP as manufacturer was intimated but no reply was received, so complainant again lodged complaint on 09/12/2014. The E-mail copies have been annexed as CW1/3 & CW1/4.

On dated 10/12/2014, an executive from OP attended the complaint and prepared the report of fault & asked for replacement of batteries immediately marked as CW1/5.

Later on complainant received telephonic call from OP office that batteries were out of warranty, so was asked to contact distributer/seller. It was immediately convey to the OP that warranty started on the date of purchase and not from the date of manufacturing of batteries. Hence their batteries were covered under warranty but OP did not give any satisfactory answer. So, complainant again sent legal notice to OP on dated 21/01/2015 and legal notice was received by OP as marked as CW1/7. It was stated that even after receiving of number of Emails and legal notice OP did not rectified the defects or replaced the batteries. Hence complainant filed this complaint and prayed for replacement of batteries vide serial no. 101166 & 101201 and refund to Rs. 21,000/- along with compensation of Rs.30,000/- for loss caused due to delay and also Rs.25,000/- as litigation charges.

 

Despite of issuing notice and subsequently receiving Forum notice OP did not put their appearance nor submitted written statement or their evidence. Hence they were proceeded ex-parte after giving ample opportunity. Complainant filed evidence by way of affidavit and affirms on oath that all the facts and evidence were correct and were on record.

 

OP did not put their appearance even on date of arguments for which repeated notices were sent. Hence, arguments of the complainant were heard and file was perused and order was reserved.

After perusal of the facts of evidence of the case and OP been ex-parte since beginning, we presume of the facts and evidence which are on affidavit as non controverted.

 

It is evident that the complainant have purchased two Relicell Batteries which on 30 months repaired/ replacement warranty but OP been manufacturer of the batteries fail to comply their terms and conditions stated in warranty card. So this complaint has merit and we are of the opinion that the complaint deserves relief/ compensation.

Hence we passed the following order-

1. OP is directed to refund the invoice value of sum of Rs.21,000/- with 6% interest from the dated of institution of this complaint within 30 days from receiving of this order.
2. We also award compensation of Rs.10,000/-for mental harassment. This will include litigation charges also.
3. If OP fails to comply the order, the complainant shall be entitled to cover entire awarded amount with 6% interest till realization.

Copy of this order be provided to both the parties as per law.

 

(Dr) P N Tiwari   Member                                                             Shri Sukhdev Singh   President