OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty,MEMBERS
.
Consumer Complaint No.03 of 2019
Date of Filling : - 22.01.2019.
Date of Order :- 27.10.2019.
Gudu Ku.Singh,At- B-226,Kalinga Township,
P.O.-N.S.Nagar,Bharatpur,P.S.Vikrampur,
,Dist.Angul.759148.
__________________________Complainant.
Vrs.
- M/S B.K.Enterprises,Avon Market Complex,
Bye Pass,P.O.Talcher Town,P.S.Talcher,
Dist.Angul,Odisha- 759100.
- Avon Cycle Ltd.,G.T.Road,At/P.O.Ludhiana
(Punjaba)Dist.Khurda,Pin- 759100.
___________________________________________Opp. parties.
For the complainant :- Sri M.D.Iqubal(Adv.)
For the opp.party No.1 :- Sri S.P.Mishra & associates(Advs.).
For the opp.party No.2 :- None.
: J U D G E M E N T :
Smt.S.Mallick, Member.
The complainant has filed this case with prayer to direct the opp.parties to replace the vehicle which he has purchased from opp.party No.1 on 25.10.17 for Rs. 40,775.00 only along with compensation and cost of litigation expenses.
2. The case of the complainant is in brief :-
On 25.10.2017, the complainant had purchased one Avon scoot 207 bearing chassis No.-2072017082264, Motor No.-AV-17-J-W-0169 from the OP No-1 for Rs.40,775.00 only. It is alleged that after using the said vehicle for about seven/eight months the battery of the said vehicle became defunct. On complaint of the complainant , the OP No-1 advised him to deposit the battery of the said vehicle for replacement. Accordingly the petitioner deposited the battery for replacement on 15th July 2018 which was within the warranty period . The opp.party No.1 first assured the complainant to replace the same within a week but thereafter inspite of several legal notices and remained silent without taking any action. Thus alleging deficiency in service, the complainant has filed this case.
3. The Opp. parties did not appear and file written version despite service of notice on them and accordingly they have been set ex-parte.
4. The complainant in support of his case has filed the money receipt towards the sale price of the said vehicle dtd 25/10/2017 issued by OP No-1 and legal notice. Besides the complainant has also sworn an affidavit in support of his claim.
5. Purchase of the vehicle in question from OP No-1 on 25.10.2017 vide the aforesaid cash memo is not disputed. Besides the fact is also not disputed that the complainant had visited the shop of the OP No-1 for replacement of the battery for many occasions.
6. Consumer has purchased the vehicle for use and convenience but not for headache or miseries. In modern day life a consumer approaches the seller/service provider /manufacturer or such large no of occasions reflects the malady as he suffers carelessly in terms of metal agony and harassment.
7. But except the above documents complainant has not produced any other satisfactory evidence on material in support of his claim. Nothing is also available on record to show that the deficit in the said vehicle was tested by any expert in the appropriate laboratory or any relevant scores as per law contemplated under section 13(4) (iv) of C.P. Act 1986.
8. Since the complainant is a consumer and Ops are seller/service provider and manufacturer, the action of Ops amounts to deficiency in service for non replacement of batteries for which the complainant is entitled to get some relief and Ops are jointly and severally liable to pay the same.
9. Hence the order :-
: O R D E R :
The case is ex-parte against the opp.parties, who are directed to replace the battery in question with new batteries(with warranty) along with a compensation of Rs 3000.00(Rupees Three thousand) for harassment and mental agony and Rs.2000.00(Rupees Two Thousand) towards cost of litigation within 30 days of getting this order. In case of any deviation of this order law shall take its own course and the awarded amount of Rs.5000.00 (Rupees Five Thousand) will carry 14% yearly compoundable interest from the 31st day of getting this order till actual payment is made, besides any other penalty provided in the C.P.Act.
Order delivered in the open forum today the 27th September, 2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
( Smt.S.Mallick)
Member. Sd/-
(Sri K.K.Mohanty),
Member.