Telangana

Mahbubnagar

CC/09/23

G.Shankaraiah, S/o G.Balaiah, O/c Business - Complainant(s)

Versus

Mr.Pasha, Proprietor, Power Con Systems, Wanaparthy. - Opp.Party(s)

Sri T.Chandra Sheker

31 Jul 2009

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

Friday the 31^st day of July, 2009

                         Present:-   Sri  T. Ashok Kumar, M.A., LL.B., I  Addl. Dist. & Sessions  Judge-cum-FAC President

          Sri P.Venkateshwar Rao, B.Com. LL.B., Member

               Smt. B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member                      

C.C.NO. 23  Of   2009

Between:-

G. Shankaraiah, S/o G. Balaiah, Aged: 55 years, Occ: Business,R/o H.No.8-180, Old Bazar, Badepally village, Jadcherla Mandal, Mahabubnagar District.  

                                                                                                                                                                        … Complainant

And  

Mr. Pasha, Proprietor, Power Con Systems, Shop No.7, Municipal Complex, Near Indira Park, Wanaparthy – 509103.

                                                                                                                                                               … Opposite Party

 This C.C. coming on before us for final hearing on 3-7-2009,  in the presence of Sri T. Chandra Shekar, Advocate, Mahabubnagar for the complainant and the opposite party having been set exparte and having stoodover for consideration till this day, this Forum delivered the following:

O R D E R

(Smt. B. Vijaya Kumari, Member)

1.        This is a complaint filed on behalf of the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite party to deliver a new inverter in the place of defective one and to pay Rs.1,00,000/- towards damages and to pay compensation and also costs of the complaint.   
2.     The complaint averments are as follows:-  The opposite party is a dealer of UPS, digital invertors, Batteries etc., and he is doing the business under the name and style as Power Con Systems at Wanaparthy.  The complainant had purchased a 1000 VA inverter  (150 Am) model MEG 303 on 5.1.2008 vide cash receipt No.28 for Rs.17,000/- from the opposite party.   The OP has given guarantee card for a period of two years i.e., upto 5.1.2010.   But the complainant found that the purchased inverter was not functioning properly and was giving trouble.  The complainant approached the OP and intimated the same and requested for replacement of defective inverter but inspite of several requests the OP did not respond properly and did not replace the defective inverter though the same is within guarantee period.   Thus the acts of OP amount to deficiency of service and unfair trade practice by selling defective inverter to the complainant.  The complainant has got issued legal notice on 25.8.2008.   Due to supply of defective inverter supplied by OP the complainant had faced difficulties and loss of business in peak hours.  Due to business loss in peak hours the complainant suffered much mental agony for which the OP is liable to pay compensation and replacement of new inverter in the place of defective one.   Hence the complaint. 
3.  The opposite party remained exparte.

4. The complainant filed his affidavit and got marked Exs.A-1 to A-6.

5.  The points which fall for consideration are:

       (i) Whether there is any deficiency of service on the part of OP?  

(ii) Whether the complainant is entitled to the reliefs as prayed for?

6.    The opposite party remained exparte and thus the allegations in the complaint stand uncontradicted.  The complainant has adduced evidence in the form of affidavit and got exhibits marked as A-1 to A-6.  The Ex.A-1 is cash receipt, Ex.A-2 is Guarantee Card, Ex.A-3 is Legal Notice, Exs.A-4 & A-5 are postal receipts and Ex.A-6 is postal cover.    

       According to the complainant he had purchased a 1000 VA inverter (150 Am) model MEG 303 from the OP on 5.1.2008 and the OP issued cash receipt No.28 for Rs.17,000/- and also issued guarantee card valid  upto 5.1.2010 from the date of purchase of said inverter.  The complainant found that the said inverter was not working properly and found it defective.  The point in dispute is whether the inverter supplied by OP is defective or not.   As per Ex.A-1 the complainant purchased inverter battery for Rs.17,000/- on 5.1.2008 from OP.   Ex.A-2 is guarantee card of the said inverter valid for two years but on the back side of guarantee card it is printed that article is guaranteed against any manufacturing defect for a period of twelve months from the date of purchase and any defect in the said article/unit will be repaired free of cost within guarantee period.   At the same time the company stated that the guarantee will not apply due to negligence or due to voltage fluctuations or due to ignorance in giving connection to the correct polarity of battery and other cautions.    But the complainant alleged in the complaint that after purchase of the said inverter it was found defective and not functioning properly as per guide lines of OP from the date of purchase.   Hence the complainant approached OP several times  for repair or replacement of the said inverter though it is under guarantee period but the OP did not respond to attend the complainant’s representation which amounts to deficiency of services on the part of OP.    But the OP remained exparte.   In the exparte matter the burden lies on the complainant to prove the allegations against the OP. The complainant did not file any material report which was given by a technical expert to show that the disputed inverter is having manufacturing defect and the inverter connection failure was due to this defect.   The complainant also did not file any material evidence for his business loss due to defective inverter in peak hours.   In Ex.A-3 i.e., legal notice the complainant demanded the OP for repair of the inverter or replace the faulty inverter within seven days from the date of notice.   But the OP rejected to receive the legal notice.  This shows his negligence towards the complainant.  The Ex.A-2 i.e., guarantee card shows that OP should attend any repair with free of cost within guarantee period i.e., upto 5.1.2010. Therefore in the above circumstances, we hold that the OP is liable for the repair of the said inverter battery during the guarantee period without cost and give connection in good working condition and also extending fresh guarantee and warranty period for one year from the date of full repair, failing which i.e., repairing and rectifying the defect, the OP is directed to replace the defective inverter with new one.    The OP is also directed to pay Rs.1,000/- towards costs of the proceedings. 

7.    In the result, the complaint is partly allowed.  The opposite party is directed to return the said inverter to the complainant in good working condition without cost with fresh warranty period for one year.  If the defect is not rectified the OP is liable for replacement of defective inverter with new one.  The OP is further directed to pay Rs.1,000/- towards costs of the proceedings to the complainant within one month from the date of receipt of this order.    

   Typed to dictation, corrected and pronounced by us in the open Forum on this the 31^st day of July, 2009.            

 

     MEMBER                            MEMBER                   PRESIDENT (FAC)             

Appendix of evidence

       Witness examined

For complainant: Nil                                                 For opposite party:  Nil

Exhibits marked for Complainant:-

Ex.A-1:        Cash Receipt, dt.5.1.2008.

Ex.A-2:        Guarantee Card.

Ex.A-3:        Legal Notice, dt.25.8.2008.

Ex.A-4:        Postal Receipt, dt.25.8.2008.

Ex.A-5:        Postal Receipt, dt.25.8.2008.

Ex.A-6:        Postal Acknowledgement, dt.6.9.2008.

Exhibits marked for OP:-

    - Nil-                                                                                                                     

By the Forum:   

    - Nil-                                                                                                                                                                                                                                                                                                                PRESIDENT (FAC)

Copy to:-

1. Sri T. Chandra Shekar, Advocate, Mahabubnagar for the complainant.

1. Mr. Pasha, Proprietor, Power Con Systems, Shop No.7, Municipal Complex, Near Indira Park, Wanaparthy – 509103.