DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.159/07.10.2008 Decided on : 28.01.2009 Harminder Pal S/o Sh. Dharam Pal, resident of Ward No.18, Jain School Street, Mansa. ..... Complainant. VERSUS 1.Makha Refrigerator and Air Condition Works, Park Road, Mansa. 2.HCL Lenovo, 2090-C, Mall Road, Bathinda. ..... Opposite Parties. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.S.K.Singla, Advocate, counsel for the complainant. Opposite Parties exparte. Before: Sh.P.S. Dhanoa, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- Sh.P.S. Dhanoa, President. This complaint has been filed, by Harminder Pal son of Sh. Dharam Pal, resident of Ward No.18, Jain School Street, Mansa, under Section 12 of the Consumer Protection Act, 1986 (hereinafter called the 'Act'), against Makha Refrigerator and Air Condition Works, Park Road, Mansa and HCL Lenovo, Mall Road, Bathinda, for change of inverter and battery and payment of compensation, in the sum of Rs.10,000/-, and Rs.5,000/-, on account of costs. As per averments made in the complaint, which may briefly be described as under: Contd........2 : 2 : 2. That the complainant, has purchased an inverter along with its battery from OP No.1 vide bill No.586, on 25.1.2007, for a consideration of Rs.10,800/-, as such, he is consumer, under the said opposite party. The OP No.2 being the manufacturer of the inverter and battery, is also necessary party. At the time of purchase of inverter and battery, OP No.1 gave guarantee, for successful functioning, of the same, for a period of two years, but after couple of days after date of purchase, the inverter and battery developed some defect. The complainant lodged complaint with the opposite parties, who changed the inverter and battery for once or twice, but the defect was not removed. The complainant, had been continuously visiting the opposite parties for removal of defect in the inverter and battery, but they have failed, to pay any heed, as such, there is deficiency in service, on the part of the opposite parties. As they have failed, to redress the grievance of the complainant, hence this complaint. 3. Notice of the complaint was given, to the opposite parties, but they failed to put up appearance, inspite of service, as such, they were proceeded against exparte. 4. In exparte evidence, the complainant, has tendered his affidavit Ext.C-5, reiterating all the allegations made in the complaint. He has also filed his additional affidavit Ext.C-6, affirming therein, on solemn affirmation, that he is known by the name of 'Harminder Pal' alias 'Kaddu Ram' and his father Dharam Pal, had expired 21 years ago. He has also stated, that he has purchased the inverter and battery, vide bill No.586, dated 25.1.2007 and, has been using the same, since the date of purchase. He has identified his signatures appended as Harminder Pal Singh on receipts Ext.C-2 and C-3. The complainant, has also produced, the discharge certificate, of his father Ext.C-4 and copy of bill Ext.C-1, that the same was purchased by him in the sum of Rs.10,800/- on 25.1.2007. The above said oral and documentary evidence adduced on record as discussed above, has gone uncontroverted, as opposite parties did not Contd........3 : 3 : bother, to put in appearance, to contest the same. 5. We have heard the complainant and gone through the oral and documentary evidence, adduced on record, by him, carefully, with his kind assistance. 6. The bill Ext.C-1 is dated 25.1.2007, whereas receipts Ext.C-2 and C-3 goes to show that the complainant received the inverter after repair on 20.2.2008. The instant complaint has been filed on 7.10.2008. As such, it is well within the period of limitation prescribed in the Act. The complainant, has not made any request for payment of the costs of inverter and battery, although he has prayed for replacement thereof and for payment of compensation for physical and mental harassment and costs incurred by him for filing of the complaint. 7. For the aforesaid reasons, we accept the complaint and direct the opposite parties, to replace the inverter and battery, sold to the complainant, within a period of one month, from the date of receipt of the copy of this order. The opposite parties are also burdened, in the sum of Rs.1,000/-, on account of compensation, for mental and physical harassment, suffered by the complainant, and equal amount as costs, for filing the complaint. The said payment shall also be made within the period, stipulated above. 8. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 28.01.2009 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
