RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 212 of 2015

Hindustan Battery Services, Chiwtaha Road,

Nichloul, Nagar Panchayat Nichloul, Post

Nichloul, District, Maharajganj.                        ..Appellant.

Versus

1- Madan Lal Agarwal s/o Late Buddhi Chand

    Agarwal, R/o Kasba, Mahasap, Mullaha,

    Ward No.3, Nagar Panchayat Nichloul, Post

    Nichloul, District, Maharajganj.

2- Hindustan Battery Services, Chowk Road,

    Mau Pakar, Nagar Palika Parishad,

    District Maharajganj.                              ...Respondents.

Present:-                                                   

1- Hon’ble Sri Vijai Varma, Presiding Member.

2- Hon’ble Sri Govardhan Yadav, Member.

Shri V.P.  Sharma for the appellant.

Shri R.K. Misra for the respondent.

Date 6.6.2018

JUDGMENT

(Delivered by Sri Vijai Varma,  Member)

Aggrieved by the judgment and order dated 2.5.2014, passed by the Ld. DCDRF, Maharajganj in complaint case No.72 of 2013, the appellant has preferred the instant appeal. 

Facts leading to this appeal, in short, are that the respondent no.1/complainant had purchased a Battery E-A 3600 X DAD for a sum of Rs.12,000.00 on 12.6.2010 of which there was a warranty of 12 months and guarantee of 36 months. He had also purchased an inverter Amron no.A 04 BIB 0000270 for a sum of Rs.5,300.00 which was having a warranty of 30 months. The battery and inverter

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used to get discharged very soon hence, the complainant made a complaint with the OPs and the battery and the inverter were repaired many a times but still the battery and inverter were not working properly. Hence, the complainant asked for replacement of the battery and inverter and pay for the compensation for the loss occasioned to him but the appellant/OP abused him and also threatened him on 28.1.2013. The complainant suffered to the tune of Rs.50,000.00 due to mental and physical torture hence, a complaint was filed in the Forum below where the OP did not appear and the matter proceeded exparte and the ld. Forum passed the impugned order on 2.5.2014 as under:-

"परिवादी का परिवाद स्‍वीकार करते हुए विपक्षीगण को आदेशित किया जाता है कि वे प्रश्‍नगत ख्‍राब बैट्री व इन्‍वरटर बदलकरर परिवादी को 1½ माह के अन्‍दर नयी बैट्री व नया इन्‍वरटर उपलब्‍ध कराना सु‍निश्चित करें। विपक्षीगण से  परिवादी मु0 30,000/- रू0 शारीरिक, मानसिक एंव आर्थिक क्षतिपूर्ति के रूप में प्राप्‍त करने का अधिकारी होगा। परिवादी के खर्चे पर आदेश की एक एक प्रति विपक्षीगण को पंजीकृत डाक से प्रेषित की जाये।"

Feeling aggrieved with the impugned order that this appeal has been filed on the ground that the matter has been decided exparte by the Forum below without giving an opportunity of hearing to the appellant/OP, hence, the impugned order be set aside and the appeal allowed.

          Heard ld. counsel for the parties and perused the entire records.

          In this case, the complainant had purchased an inverter and battery for sum of Rs.17,300.00 from the appellant/OP. According to the complainant, the inverter

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and battery did not work properly and hence, the complaints were made regarding them but the inverter and battery could not be repaired properly. Hence, he asked for their replacement and also payment of compensation for the harassment caused to him.

          The appellant/OP has taken the stand that they did not get an opportunity to defend the case in the Forum below where the matter proceeded exparte and hence, they should be given an opportunity of hearing, setting aside the impugned order.

          It transpires that in the appeal, the appellant has not contested anywhere regarding purchase of the battery and inverter from them by the complainant. In fact, it has also not been contested anywhere that the inverter and battery were not working properly. So, even if the matter proceeded exparte against the appellant/OP they have not made it clear as to why the complaint should not have been allowed when the complainant has specifically alleged the purchase of inverter and battery from the appellant and also the fact that the inverter and battery were not working properly. It is also to be seen that the battery and inverter were purchased on 12.6.2010 and according to the complainant, the battery and inverter became defective within the period of warranty and they could not be properly repaired despite complaints made regarding that therefore, it is clear that the complainant has proved the deficiency in service of the appellant/OP and therefore, the ld. Forum has rightly concluded that the complainant was entitled to get the relief and hence, passing of the order for

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replacement of the battery and inverter was absolutely proper but awarding of compensation to the tune of Rs.30,000.00 appears to be on higher side which under the circumstances of the case deserves to be reduced to Rs.10,000.00 only.  

ORDER

The appeal is partly allowed and the impugned order is amended to the extent that instead of Rs.30,000.00, the amount of compensation should be Rs.10,000.00. The rest of the order shall remain as it is.

 Parties shall bear their own costs.

Certified copy of the judgment be provided to the parties in accordance with rules.

                 (Vijai Varma)                    (Govardhan Yadav)

               Presiding Member                         Member

Jafri PA II

Court No.2