Haryana

Panchkula

CC/84/2015

SEWA SINGH. - Complainant(s)

Versus

GREWAL BATTERIES. - Opp.Party(s)

COMPLAINANT IN PERSON.

17 Jul 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	84 of 2015
Date of Institution	:	04.05.2015
Date of Decision	:	17.07.2015

                                                                                          

Sewa Singh aged about 39 years s/o Sh.Jagat Ram, R/o Village Mirzapur, Tehsil Thanesar, Distt. Kurukshetra.

                                                                                          ….Complainant

Versus

 

1.       Grewal Batteries, Distributors of Grewal Batteries and Plates, Panchkula Road, Barwala, Panchkula through its proprietor/owners/partners.

2.       Su-kam Power Systems Ltd., 54, Sector-37, Udyog Vihar, Ph-VI, Gurgaon-122001, Haryana-India through its Managing Director.

 

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

 

For the Parties:     Complainant in person. 

Ops already ex-parte.

ORDER

(Anita Kapoor, Member)

1. The complainant-Sewa Singh has filed this complaint against the opposite parties (in short the Ops) with the averments that he purchased inverter battery No.00301 A 51872702126169 vide bill No.1944 (Annexure C-1) dated 15.05.2012 for Rs.11,000/- from OP No.1 with warranty of three years. At the time of purchase, the Op No.1 assured the complainant that if back up of the battery became less than 8 hours then the OP No.1 would replace the battery under warranty. After 1½ years of purchase, the battery started giving problem in making supply of electricity and the backup of the battery became less. The complainant made a complaint at toll free number with Op No.2 and the mechanic of Op No.2 visited the house of the complainant and checked the battery. The mechanic made the battery operated temporarily and after 5 days, they removed the battery and took with them. After making repair, the mechanic gave the battery to the complainant vide delivery challan No.623203 (Annexure C-2) dated 30.11.2013. After 5 days of delivery, the said battery started giving less back up supply and started repeating the old problem. The mechanic of the company used to go by making repair and the battery stopped giving supply in January, 2015. The complainant informed the company telephonically on which the mechanic of the company came and they removed the battery on 10.01.2015 & also gave note No.001823 (Annexure C-3) dated 10.01.2015 in this regard. On 16.01.2015, the mechanic of Op No.2 placed the battery in the house of the complainant and gave delivery challan No.014568 (Annexure C-4) dated 16.01.2015. But the battery was not giving full back up inspite of making repair by the Op No.2 and the battery was giving the supply only one or two hours since 2-3 months due to winter season. In April 2015, summer vacation started and there was need to run the fans and battery but the battery was giving back up for one or two hours. On 25.04.2015, the complainant requested the Ops to replace the battery but the Ops have not replaced the battery nor repaired the same. This act and conduct of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Ops through registered post. But none has appeared on behalf of the Ops, it is deemed to be served. The Ops were proceeded against ex-parte vide order dated 11.06.2015.
3. The complainant has tendered the evidence by way of affidavits Annexure C-A alongwith documents Annexure C-1 to C-4 and closed the evidence.
4. We have heard complainant appearing in person and have also perused the record.
5. It is evident that the complainant purchased inverter battery No.00301 A 51872702126169 vide bill No.1944 (Annexure C-1) dated 15.05.2012 for Rs.11,000/- from OP No.1 with warranty of three years. At the time of purchase, the complainant was assured that if back up of the battery became less than 8 hours then the OP No.1 would replace the battery under warranty. After passing 1½ years of its purchase, it started giving problem in making supply of electricity and the backup of the battery became less. The complainant made a complaint at toll free number with Op No.2 and the mechanic of Op No.2 visited the house of the complainant and checked the battery. The mechanic removed the battery and took with them. After making necessary repair, the mechanic delivered the battery to the complainant vide delivery challan No.623203 (Annexure C-2) dated 30.11.2013. After 5 days of delivery, the said battery started giving less back up supply and started giving problem and the battery stopped giving supply in January, 2015. The complainant informed the company telephonically on which the mechanic of company visited the house of the complainant and removed the battery on 10.01.2015 & also gave note No.001823 (Annexure C-3) dated 10.01.2015. On 16.01.2015, the mechanic of Op No.2 placed the battery in the house of the complainant vide delivery challan No.014568 (Annexure C-4) dated 16.01.2015 with remarks ‘battery ok, same back’. But the battery was not giving full back up after making necessary repair and the battery was giving the supply only one or two hours. In the month of April 2015, in summer season, the battery was giving back up for one or two hours. On 25.04.2015, the complainant requested the Ops to replace the battery but the Ops have not replaced the battery nor repair the same. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Ops did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the Ops despite notice show that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Ops is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Op is directed as under:-

(i)      To replace the battery with new one alongwith fresh warranty of 3 years or refund the amount of Rs.11,000/- to the complainant alongwith interest @ 9% per annum from the date of receipt till realization.

(ii)     To pay an amount of Rs.7,000/- as compensation for mental agony, harassment and cost of litigation.

                 Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

ANNOUNCED

17.07.2015                     ANITA KAPOOR                            DHARAM PAL

                                       MEMBER                               PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                          

                                                         ANITA KAPOOR

                                                          MEMBER