Haryana

Ambala

CC/311/2015

Randhir Singh - Complainant(s)

Versus

Khan Battery House - Opp.Party(s)

Sushil Kumar

14 Nov 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

        Complaint Case No   : 311 of 2015.

      Date of Institution    :  26.10.2015.

         Date of Decision      :  14.11.2017    

Randhir Singh aged about 44 years son of Shri Jagdish Chand, resident of village Talheri Gujran, Sub Tehsil Mullana, Tehsil Barara District Ambala.

 

……Complainant.

Versus

 

1. Khan Battery House, Shop No.106, Ambala-Jagadhri Road, Saha, District Ambala, through its proprietor.
2. Exide Industries limited at 59-E, Chowringhee Road, Kolkatta-700020, through its Authorised Signatory.

……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act.

 

BEFORE:   SH.D.N.ARORA, PRESIDENT.

                   SH.PUSHPENDER KUMAR, MEMBER.

                   MS. ANAMIKA GUPTA, MEMBER.

         

Present:       Sh.Sushil Kumar, Advocate for complainant.

                   Sh.R.K.Singhal, Advocate for OP No.1.

                   Sh.L.R.Saini, Advocate for OP No.2.

 

ORDER

 

                   The complainant has filed the present complaint against the OPs with the averments that he had purchased an Exide Inverter Plus 1500 having serial No.UH31-9288 for Rs.10,700/- on 01.12.2013 from OP No.1 vide bill No.147 dated 01.12.2013. The Exide Inverter plus Battery was having two years guarantee with 12 hours minimum backup of two fans and two tubes and the Op No.1 had assured that if any complaint occurs in the battery within warranty period then the same would either be replaced with new one or to refund the cost thereof.  On 08.10.2014 the complainant lodged a complaint with OP No.1 qua back up of the battery for only 2 hours where it was assured that the same would be replaced but the OP No.1 kept on avoiding the matter on one pretext or the other. In the first week of February, 2015 the Op no.1 again assured that on receiving of said battery in his shop it would be changed. The complainant waited for long but in the first week of September, 2015 the Op No.1 refused to replace the same and even avoided to refund the cost thereof. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the OPs have tendered Annexure CX and documents Annexure C1 and Annexure C2.

2.                Upon notice, OPs appeared and filed their separate replies. OP No.1 in its reply has taken many preliminary objections such as maintainability, cause of action, locus standi and suppression of material facts etc.  The complainant has been using the same for commercial purposes on the machine of Milk for fat. The battery in question is of good quality and was having no problem.  There was no two years guarantee on the product and no problem was occurred on 08.10.2014. If there was any problem in the inverter plus battery then the same can be repaired. Moreover, it depends on the charging of the inverter plus batter and if the battery is not fully charged then the same can be seized shortly. The complainant has not lodged any complaint with OP No.1 and the inverter plus battery can be changed by the company if there remains any manufacturing defect in the same but no such defect has been mentioned by the complainant. There is no deficiency in service and unfair trade practice on the part of OP No.1 and no monetary loss has been caused to the complainant. OP No.2 in its separate reply has taken more or less the same grounds. It has been further submitted that the complainant has never lodged any complaint  with the Op No.2 qua defect or manufacturing defect in the inverter plus battery despite the fact that toll free number 18001035454 is mentioned on the every battery, therefore without checking the same it is impossible to say whether is any defect in the same. Other contentions made in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure CX and documents Annexure C1 and Annexure C2.

3.                          We have heard learned counsels for the parties and gone through the material available on the case file.

4.                          Perusal of Annexure C1 reveals that on 01.12.2013 the complainant had purchased Excide Inverter Plus 1500 from OP No.1 and the inverter in question was having 24 months warranty of free replacement as is evident from Annexure C2.  The compliannt has come with the plea that the inverter in question was having hardly two hours back up and it does not give proper backup as assured by the Op No.1, therefore, he got lodged complaint with Op No.1 firstly on 08.10.2014 and then in the first week of February, 2015 and further in the first week of September, 2015 but his grievance could not be redressed. On the other hand the OPs have come with the plea that the complainant has never lodged any complaint with them and if there remains any manufacturing defect in the inverter then the same would have been changed by the company.  Except the bill Annexure C1 and warranty card Annexure C2, the complainant has not produced any document such as job sheet before this Forum to show that there was any defect in the inverter. Moreover, it was open for the complainant to get the inverter examined through an expert by moving an application before this Forum under Section 13 (1) (c) of the Consumer Protection Act but it has not been done so. It is a settled principle of law that he seeks equity must do equity with others but in the present case the complainant has tried to take undue advantage of the provisions of the Consumer Protection Act because it appears that under the garb of this complaint he wants to replace his inverter.

5.                Keeping in view the facts and circumstances of the present case we come to the conclusion that the present case is without any merit and deserves dismissal. Accordingly, we dismiss the present complaint leaving the parties to bear their own costs. Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 14.11.2017                                             (D.N.ARORA)

                                                                                           PRESIDENT

 

(PUSHPENDER KUMAR)        (ANAMIKA GUPTA)

          MEMBER                               MEMBER