Kerala

Malappuram

CC/161/2016

MUHAMMAD HAJI M - Complainant(s)

Versus

MALAPPURAM DISTRIBUTORS - Opp.Party(s)

31 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/161/2016
 
1. MUHAMMAD HAJI M
MUHAMMED HAJI M MATRA HOUSE KAKKADAMPURAM AR NAGAR PO 676305 MALAPPURAM
...........Complainant(s)
Versus
1. MALAPPURAM DISTRIBUTORS
VOLGA BATTERIES TABULAR AND AUTOMOTIVE OPP HOME CENTRE CHANGUVETTY KOTTAKKAL
2. PRESTOLITE TUDOR INDIA LIMITED
CORPORATE OFFICE GANDHINAGAR 382011 GUJARAT
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AA VIJAYAN PRESIDENT
 HON'BLE MS. MADANAVALLY RK MEMBER
 HON'BLE MRS. MINI MATHEW MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 31 Aug 2016
Final Order / Judgement

By: Smt.  Mini Mathew,   Member        
    
    Complainant who is a senior citizen has come before this Forum with his grievances that on 8/5/13 he purchased one Inverter and Battery from the shop of the 1st opposite party after paying an amount of Rs.19000/-.   At the time of purchase the opposite parties offered 3 years guarantee and 1 year warranty to the same.  But on 9/11/15 complainant noticed some defects to the Inverter and informed about this to the 1st opposite party.  One technician from the opposite parties come to the  house of the complainant and after verification he informed the complainant that the battery has became defective.   The owner of the 1st opposite party informed the complainant that he is ready to replace the battery with a new one and they had taken the battery from the house of the complainant.   After one week complainant contacted the 1st opposite party and at that time 1st opposite party informed him that they have sent the battery for repair to the company and within two weeks it will be returned.   The battery was returned to the complainant only after 4 months, that too after several requests.   But even after repair complainant noticed the same defects and again informed about this  to the opposite parties.  But they did not respond properly.   Hence this complaint.

    After receiving notice from this Forum opposite parties did not appear before this Forum and they were set ex-parte.   Complainant filed his affidavit and one document produced by him was marked as Ext. A1.   Ext. A1 is the warranty card issued by the opposite parties to the complainant. 

    It is proved that complainant purchased the Inverter and Battery from the shop of the 1st opposite party after paying an amount of Rs.19000/-.   During the warranty period itself he noticed that the battery was defective.   Even after repeated demands the opposite parties did not redress the  grievances of the complainant.   Hence the act of the opposite parties amounts to deficiency in service and unfair trade practice.   Both opposite parties are jointly and severally liable to compensate the complainant.   Hence the complaint is allowed.

    In the result, the opposite parties are directed to pay Rs.19,000/- to the complainant towards the price of the Inverter and Battery and pay Rs.10,000/- as compensation for the mental agony and hardships he suffered along with Rs.5000/- as cost.   The order shall be complied within one month from the date of receipt of copy of this order. 
    
    Dated  this 31st  day  of  August,  2016.

 


                                    A.A.VIJAYAN, PRESIDENT
 
 R.K.MADANAVALLY , MEMBER                                               

MINI MATHEW, MEMBER
                                         
                               

 

 

 

 
 
[HON'BLE MR. AA VIJAYAN]
PRESIDENT
 
[HON'BLE MS. MADANAVALLY RK]
MEMBER
 
[HON'BLE MRS. MINI MATHEW]
MEMBER

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