For the Complainant                       -  Mr. Pradip Basak, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainant, in brief; is that on 30.08.2018 he purchased 04 Rocket Battery EV-24 against invoice No. 1146 from OP-1 against payment of Rs. 13,000/- for his Hero Maxi Electric Bike and the warranty of those batteries were 06 months. The batteries are not working after elapsed of two months from the date of its purchase and the complainant returned those batteries to the OP-1 who assured to replace those batteries. The OP-2 being the manufacturer of subject batteries refused to replace it. The OP-1 refused to replace those batteries and/ or refund the invoice amount Rs. 13,000/-. Having no other alternative, the complainant docket online complaint to the CA & FBP who forwarded the complaint to their grievance cell at Kolkata (ES). The complainant furnished relevant documents to Kolkata (ES) and a meeting was held on 27.03.2019 and 07.05.2019 respectively in the office of the Assistance Director, Consumer Affairs & Fair Business Practices, Eastern Suburban Regional Office, Kakurgachi, Kolkata-700054 at P-26, CIT Road but no fruitful result is forthcoming. As the retailer denied their responsibility of the manufacturer Global Corporation. Hence, the consumer complaint.

OPs despite service of notices of the complaint have failed to file WV within the limitation provided U/s 13 (2) of the CP Act, 1986. No request for condonation of delay or extension of time for filing WV was made. Thus, the right of the OPs to file WV was closed vide order dated 05.12.2019.

Decision with Reasons

Complainant Sri Ramjatan Mahato has filed his evidence by way of affidavit supporting the allegation made in the complaint. Ld. Advocate for the complainant has taken us through consumer complaint as also the evidence adduced in support of complaint. On perusal of the photocopy of tax invoice dated 30.08.2018 issued by OP-1 to the complainant, it is clear that vide said tax invoice complainant purchased 04 Rocket Battery EV-24 against payment of Rs. 13,000/- and its warranty period was 06 months. The allegation of the complainant is that after two months of purchase, the batteries were not working and batteries were returned to seller who refused to replace those batteries on the ground that the batteries was manufactured by OP-2 Global Corporation. It is also clear from the letter dated 17.11.2018 that OP-2 requested the complaint to take necessary steps against retailer/ OP-1 as he sold the batteries. The OPs have opted not to file
WV despite service of notices of the complaint, the above allegation of the complainant is deemed to have been admitted as correct. In order to prove said allegation, the complainant has field his affidavit reaffirming the allegation. Thus, it stands to prove that despite of warranty period, the OP-1 being the seller has failed to replace the batteries and/or refund the purchase amount to the complainant. In absence of any explanation for failure to comply with the warranty of 06 months, we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged in unfair trade practice. In the complaint petition, the complainant has prayed for replacement of subject batteries and alternatively  to refund of Rs. 13,000/- with bank interest. In our view, the OPs are jointly and severally directed to replace the subject batteries and/or alternatively refund Rs. 13,000/- with Simple Interest  at the rate ofRs. 4  percent P.A. on the aforesaid amount from the date of filing of the complaint i.e. 04.09.2019.

In view of the above discussion, the complaint is allowed against the OPs ex parte with following direction:-

1. The OPs are jointly and severally directed to replace 04 Rocket Battery EV-24 and/ or refund Rs. 13,000/- to the complainant along with compensation in the form of Simple Interest  at the rate of4  percent P.A. from 04.09.2019 till realization.

2. The OPs are further directed to pay Rs. 5,000/- as  litigation cost.

    The above directions be complied by the OPs within a period of 45 days from the date of the order, failing which the complainant shall be at liberty to execute the order by filing application under Sections 25 & 27 of the CP Act, 1986 against the OPs.

Order be communicated to the complainant as per rules.