DATE OF DISPOSAL: 08.04.2019
Sri Karuna Kar Nayak, President.
The complainant Basudseva Sahoo has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he purchased a luminous battery bearing sl. No. 4AF226E1004560 FOR Rs.12,800.00 on 27.01.2016 from O.P.No.3 bearing cash bill sl. No 30 dated 27th January 2016. At the time of purchase of battery, the complainant also purchased a Luminous Inverter model of Rhino charge 1425 bearing serial No.2BFAB6C1003622 from the O.P.No.3 bearing serial No.2BFAB6C1003622 from the O.P.No.3 bearing cash bill No. 80/ dated 27.01.2016 for Rs.5300/-. At the time of purchase, O.P.No.3 issued warranty card, which was supplied by O.P.No.1 to the complainant bearing nos: Luminous LE 568TT bearing sl.no. 4AF226E1004560 dated 27.01.2016. Just use of three months, the said batteries started trouble during warranty period and not worked appropriately for which the complainant approached the O.P.No.2 over phone. The O.P.No.2 attended the complaint immediately by sending service engineer from Berhampur. And some parts of the product has replaced as told by the Opposite party’s representative but did not choose to issue any documents to that effect and also told that it shall not create further problems. During warranty period, the said battery and inverter again started problem in regular interval and accordingly the complainant lodged complaint with O.P.No.2 over phone in following dates. They are on 12.08.2016 complaint No.4002792323, on 06.09.2016 complaint No. 40029150029, on 30.04.2017 complaint No.4003878031 and on 16.05.2017 complaint No.4003971340. On filing of these complaints, the service engineer of O.P. No.2 has attended from Bhubaneswar but after use of couple of days the similar type of troubles were started in the said product i.e. not working appropriately, auto power shut down at the time of electricity outages and discharges of batteries till date. And the O.Ps after repair and/or replacement of any part of the battery and inverter did not chose to issue any documents on demand of the complainant. When similar problem arose as mentioned above, the complainant lodged a complaint over phone with O.P.No.2 on 06.06.2017 and O.P.No.2 has issued a complaint No.4004102133 dated 06.06.2017. Lodging of complaints frequently by complainant on similar type of problems arising in the goods sold by the O.Ps and attending the said complaints by the O.Ps on each and every events of complaints but not working as assurance given by the O.Ps are tantamount to manufacturing defects in the goods. Law is well settled that if the consumer filling complaints regularly and the producer/manufacturer attending the complaints to remove the defects regularly tantamount to manufacturing defects. In this event, the manufacturer should replace the product with new one. Non-attending of complaint after lodging and issuing of the complaint number by the O.Ps is tantamount to deficiencies of services which is in violation of the Section 2 of the consumer Protection act. The complainant approached over phone to the O.P.No.2 over telephone to replace the said goods under warranty as per promise on warranty. But despite all his pleadings the O.Ps have not taken any steps to replace the goods or did not make any attempt to rectify defect in the goods which is indeed unfair trade practice and deficiencies in services under Consumer Protection Act. On account of aforesaid dereliction of duty and failure and neglect to provide appropriate service during warranty period and after warranty period by the O.Ps the complainant incurred expenses towards communication with O.Ps, conveyance and attending office of the advocate for consultancy etc. and suffering from mental agonies, financial loss, not able to enjoy power during outages of electricity and facing harassment and torture and injuries. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.P.No.1 & 2 to return the amount of Rs.18,100/- towards cost of the batteries and inverter, compensation at the rate of 18% interest on the total cost of the products since date of purchase of product i.e. 27.01.2016 till the date of actual payment, litigation cost of Rs.3000/- in the best interests of justice.
3. Notices were issued against the Opposite Parties but the O.P.No.1 & 2 neither preferred to appear nor filed any written version as such the O.P.No.1 and 2 set exparte on dated 14.03.2018.
4. Upon notice one Bhavani Mishra filed written version on 13th June 2018. It is stated Mr. Basudev Sahu, age 54 years has purchased the battery and inverter of Luminous on 27.01.2016 and the said Inverter and Battery was got trouble on 30.04.2017, 16.05.2017, and 06.09.2017 but during the visit of service engineer it was found OK. Every time when the engineer visit to customer place set was found O.K. Sir on 31.10.2017 we have assured for replacement of new Inverter and battery to the customer as per the satisfaction of customer and good will of the company. So please look into the matter to resolve the case at court at Berhampur.
5. On the date of hearing of the case, we heard the learned counsel for the complainant as since long no steps is taken either on behalf of O.P.No.3 or his advocate. We perused the complaint petition, written version, written arguments and documents placed on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. During the warranty period the said battery and inverter started problem in regular intervals which they are on 12.08.2016 complaint No.4002792323, on 06.09.2016 complaint No. 40029150029, on 30.04.2017 complaint No.4003878031 and on 16.05.2017 complaint No.4003971340. On filing of these complaints, the service engineer of O.P. No.2 has attended from Bhubaneswar but after use of couple of days the similar type of troubles were started in the said product i.e. not working appropriately, auto power shut down at the time of electricity outages and discharges of batteries till date. And the O.Ps after repair and/or replacement of any part of the battery and inverter did not chose to issue any documents on demand of the complainant. When similar problem arose as mentioned above, the complainant lodged a complaint over phone with O.P.No.2 on 06.06.2017 and O.P.No.2 has issued a complaint No.4004102133 dated 06.06.2017. Lodging of complaints frequently by complainant on similar type of problems arising in the goods sold by the O.Ps and attending the said complaints by the O.Ps on each and every events of complaints but not working as assurance given by the O.Ps amount to manufacturing defects in the goods. Law is well settled that if the consumer is lodging complaints regularly and the producer/manufacturer attending the complaints to remove the defects regularly that amounts to manufacturing defects. In this event, the manufacturer should replace the product with new one. Non-attending of complaint after lodging and issuing of the complaint number by the O.Ps is amount to deficiencies of services. It is also pertinent to mention here that the O.Ps failed to provide proper service to the complainant during the warranty period but in obedience to the notice of Learned Forum, O.P.No.3 appeared and filed his written version stating therein to replace the Inverter and Battery.
6. On foregoing discussion it is crystal clear that the O.Ps are negligent in rendering proper service to the complainant. Hence, in our considered view there is some deficiency in service on the part of the O.Ps.
7. In the result, the complainant’s case is partly allowed against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to replace the defective Inverter and battery with new Inverter and battery of same model with fresh warranty or in alternative to refund the cost of the defective inverter and battery Rs.18,100/-(Rupees Eighteen Thousand One Hundred) only to the complainant. In peculiar facts and circumstances of the case no compensation is awarded, but the O.Ps are directed to pay Rs.1500/- as cost of litigation to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum. The complainant is also directed to return the defective inverter and battery to the O.Ps. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 8th April 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
