Order dictated by:

Ms.Rachna Arora,  Member

1.       Sh.Kewal Masih  has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he is owner and running maxi truck (Small Truck Tempo)  and has been earning his livelihood. The complainant purchased 1223 battery for truck use from the Opposite Party against old scrap battery vide bill No. 157 dated 3.12.2016 and also paid Rs.4500/- to the Opposite Party and as such, the complainant has hired the services of the Opposite Party for consideration and is consumer of the Opposite Party. It is averred that on 13.5.2017 the leakage from the aforesaid battery was started and the complainant took the said battery to the shop of Opposite Party and Opposite Party in order to check the same gave  a light hammer slightly to the said battery and found that there is leakage from the battery. The defect in the said battery was occurred during the warranty period and as such, the Opposite Party is liable to replace the said battery, but in the present case, the Opposite Party refused to replace the said battery and rather insulted the complainant. The aforesaid acts and deeds of the Opposite Party amounts to deficiency and negligence in service on the part of the Opposite Party.     Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Party be directed to replace the battery in question  immediately.

b)        Opposite Party be directed to pay compensation to the complainant to the tune of Rs.50,000/- on account of mental pain, agony and harassment suffered by him due to the said acts and deeds of the Opposite Party.

c)       The costs of the proceedings to the tune of Rs.5,000/- and any other relief to which the complainant is found entitled under the law and may please be grated in favour of the complainant against the Opposite Party.

Hence, this complaint.

2.       Upon notice, none  appeared  on behalf of the Opposite Party, but however, the Opposite Party has sent a reply to the complaint of the complainant    through post  and stated that there is no warranty and guarantee of the battery in question and has although admitted the narrations between the complainant and Opposite Party, but has  denied all the averments made by the complainant in his complaint.  But however, in his reply, the Opposite Party has submitted that being a trader/ shopkeeper, he is ready to repair the battery in question, however, he has denied that the battery in question has having any warranty and guarantee. But to support his contention, the Opposite Party has not produced on record any affidavit to defend its case. On the other hand, the complainant has supported his version through his affidavit and also produced on record the original photograph of leaked battery and copy of bill of Rs.4500/- and has been able to prove his case vehemently.

3.       In view of the aforesaid facts and circumstances of the case, without going through the merits of the case and  without proceeding further and in the interest of justice, we direct the Opposite Party to repair the battery in question free of costs, to the satisfaction of the complainant. The compliance of this order be made by the Opposite Party within 30 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Opposite Party is also burdened with costs of Rs.1000/-.      Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum