By Smt. Padmini Sudheesh, President: The case of the petitioner is that he is a practicing lawyer. The first respondent is the proprietor and dealer and sells Birla Ecogen digital Inverter through their shop. The 2nd respondent is the manufacturer. Believing the offers of the dealer and company the petitioner purchased a Digital Inverter Birla Ecogen EPG 1250 with the battery for an amount of Rs.16,750/- vide the bill No.31 dated 19.6.03 from the first respondent. The amount was given for the inverter with two tubular battery of Prestolite Battery. At the time of purchase of the inverter the first respondent dealer had told that they will supply the inverter with tubular batter 2 nos. of Prestolite make. But due to the non-availability of the said Prestolite make battery on the said day (as the dealer said so), they installed two batteries of Exide make with the condition that the Prestolite battery will be supplied within a weeks time. After two weeks time they told that the prestolite make Batteries are not available in the market and this set of Exide make batteries are tubular Batteries and the quality is equivalent to the prestolite battery. They further told that the battery will be having a warranty of 3 and half years. The petitioner believed this and accepted the battery. At the time of giving the battery neither the bill nor the warranty card of the battery was given to the petitioner despite his repeated demand. Therefore it was not recorded in the warranty card of the inverter Birla Ecogen. On 11.3.04 the petitioner lodged a complaint of the inverter with the first respondent dealer as the inverter and battery was getting high temperature and showing signals of charging the batteries all the time. The technicians of the dealer came and replaced some parts and rectified the complaint. But the high temperature of the battery was still continuing as it was. Again on 27.5.04 it was defective and inspected by the technicians. The matter has been brought to the dealer and asked to clear the problem of the battery. But he did not correct it. On 27.8.04 again it was defective and complaint lodged and taken the inverter to shop on 3.9.04. The inverter has sent to the Regional Service Centre at Thrissur. On 15.9.04 they demanded the battery and were delivered. But the matter not settled and a case was filed before the C.D.R.F., Thrissur vide OP.No.1519/04 and was posted on 2.5.05 for hearing. Meanwhile an advocate from Chalakudy, Adv. C.B. Arun, intervened and to settle the matter. After three days problems star4ted and intimated the dealer and Advocate, but no remedy. Hence registered notice sent and it was returned as unclaimed. After that on 3.3.05 two technicians came and taken the unit to the dealer by keeping a substitute inverter of 800 VA. They have noticed the complaints and the same is recorded in the acknowledgement given by them for the same. Again after taking the inverter to the dealer there was no feedback for enquiries to the dealer till 9.3.2005 and again a second registered letter is being sent on 10.3.05. The registered letter dated m10.3.05 has been duly received and acknowledgement card is enclosed. At last on continuous enquiry, on 30.3.05 they returned the inverter and taken back the spare inverter. Despite every attempt the problem of the inverter and batteries remains same. Since the problem of the inverter the electricity bills of the petitioner has been increased. Even though the petitioner spent big amount for the inverter, he did not get the benefit of the inverter. Hence the complaint. 2. The respondents are set exparte. 3. To prove the case, petitioner has filed affidavit and four documents, which are marked as Exts. P1 to P4. 4. According to the petitioner, direction may be given to the respondents to supply genuine set of inverter and the good quality recommended batteries by taking back the defective unit, or to direct the respondents to refund the amount of Rs.16,750/- to the petitioner with interest and also compensation and costs. 5. In the result, the complaint is allowed and the respondents are directed to refund the amount of Rs.16,750/- (Rupees sixteen thousand seven hundred and fifty only) to the petitioner with interest at the rate of 12% per annum from 11.3.04 and 6% interest from today till realisation. Respondent is also directed to pay Rs.1000/- (Rupees one thousand only) towards costs to the petitioner. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 11th day of August 2008.
