PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                       CONSUMER COMPLAINT NO. 141/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Durga Dutta Panda,

S/O-Late Shyam Sundar Panda

R/O-Fatak, PO-Budharaja,PS-Ainthapali, Tahl-Sadar

Dist-Sambalpur.                                                   …….…......Complainant.

                                    -Vrs.-

Jaypee Electronics,

Sambalpuri Market Complex, Main road Budharaja,

Dist-Sambalpur, Odisha.                                                         …………........Opp.Party

Counsels:-

1. For the Complainant         :- Sri. D.K.Panda & Associates
2. For the O.P.                        :- Ex-parte

Date of Filing:14.09.2023,Date of Hearing :05.02.2024,Date of Judgement : 02.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a battery bearing No. MTK60245 Solar Charge M-Sim Sl. No. 10/SDU-14740 on 20.03.2021 for Rs. 3809.52P. OKAY Tube for Battery No. Sl. HSINR23905531367, Model No. 60MST150S and Microtech Solar Module MTK 320/24V Sl. No. 20JCJY0AA011954 also purchased for which Rs. 15,238.10P and Rs. 10,476.19P. Total Rs. 42,000/- paid to the O.P. Warranty was provided for 60 months. The Complainant made service request No. OK2023090671 but the O.P. closed the complaint saying that the request is out of policy conditions. The battery found defective and till date the O.P. has not taken any step to rectify the defects. Being aggrieved complaint has been filed.
2. The O.P. has been set ex-parte.
3. The Complainant filed invoice No. 2481 dated 27.03.2021 wherein for UPS, OKAYA Battery and Microtek Solar panel the Complainant has paid Rs. 43,000/- to Japee Electronics, Budharaja, Sambalpur. The O.P. has issued warranty card on 27.03.2021. The Complainant in the complaint submitted that the battery is out of order and prayed for replacement of the battery. The Complainant not specifically mentioned on which date complaint was lodged with the O.P. and the O.P. replied that the service request is out of policy conditions. The messages of complaint and reply of O.P. not filed. The O.P. has undertaken in the invoice that any defects found in electronics/electrical items shall be repaired in service center. The O.P. has provided the helpline number of OKAYA Power Pvt. Ltd.

The Complainant not made a party to the OKAYA Power Pvt. Ltd. and the service center. The O.P is only the seller. As the Complainant has not made party to the manufacturer and service provider, the Complainant suffers from non-joinder of necessary parties. The Complainant is at liberty to file complaint for fresh cause of action. The complaint is dismissed.

Order pronounced in the open court on this 2^nd day of April 2024

Supply free copies to the parties.