Case No. 152/2012   

IN THE MATTER OF

Mool Chand  S/o Harkeshi R/o Brij Bihar ADA Colony, Aligarh

                                           V/s

Manager/Onwer Prakash Battery Udhog Opposite New Roadways Bus Stand G.T. Road, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for following reliefs-

1. OP be directed to replace the battery by the new one or to pay its price  Rs.6200.
2. Op be directed to pay litigation expenses Rs.5000.

2.  Complainant has stated that he had purchased a battery bearing no. CS 15028 YU .0972, 150 A for Rs.6220 which became defective within a month. Complainant had brought the battery to op from repairs which was not repaired and when he went to the Op to take his battery on 27.8.2012, op misbehave with him.          
3. OP stated in WS that complaint is based on wrong allegation. Complainant had never brought the battery at the shop and when the complainant did not visited the shop, no question arises for retaining the battery by the Op. Op has further alleged that the customer is provided bill and warranty card at the time of sale of the battery and if someone brings the battery for testing receipt is provided to him and a service battery is given but in the present case complainant never visited the shop and he did not leave the battery at the shop.    
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has stated to have purchased the battery on 5.5.2012 and he has filed the delivery chalan 5.5.2012 for the purchase of battery for Rs.6200 there is mobile number of the complainant on the bill and cannot be disbelieved that battery was purchased from the OP. complainant also filed warranty card and case has been filed within a year of purchasing the battery on 5.5.2012. Under the circumstances complainant case is proved and op is liable to pay the price of battery Rs.6200.
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the Op to pay to complainant Rs. 6200 and litigation expenses Rs. 5000.
10. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.