BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No : 125  of  2010

Date of Institution:    02.03.2010

Date of Decision  :    19.07.2010

Simerjit Singh Khera son of Sh.Gurvinder Singh Khera,R/o H.No.1483, Phase-X, Mohali. 

……Complainant

V E R S U S

M/s Fine Metal India, Plot No.11, Industrial Area, Phase-2, Chandigarh.

.…..Opposite Party

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    MRS.MADHU MUTNEJA                        MEMBER

PRESENT:     Sh.V.K.Diwan, Adv. for the complainant.

OP exparte.

PER MADHU MUTNEJA, MEMBER

                The instant complaint has been filed by Sh.Simerjit Singh Khera, complainant under Section 12 of the Consumer Protection Act demanding replacement of two defective batteries by the OP’s.

1]             A quick look at the facts of the case shows that the complainant purchased two Inverter Batteries @ Rs.6500/- each from OP in the month of April, 2008.  As per warranty card issued by the OP, the batteries carried a warranty of two years. However, the batteries soon developed fault and were not working. The complainant took the defective batteries to OP on 29.8.2009.  Strangely, the OP refused to accept the batteries.  After repeated requests and visits, the OP accepted the batteries for repair.  The batteries were returned back after 5 days in a damaged and perforated condition.  Water poured into the batteries started leaking out on to the floor.  The complainant was very upset and asked the OP to replace the batteries as per the conditions of warranty.  He also sent a legal notice to the OP demanding replacement or refund of the amount paid but no reply was every given by the OP to the notice.  The complainant has thus filed the instant complaint seeking directions to the OP to replace the batteries or refund the amount as well as pay compensation to him for deficiency in service on their part.

2]             After admission of the complaint, notice was sent to the OP.

3]             As per the report of the Process Server, the OP was duly served.  However, on the next date of hearing neither any counsel nor any authorized person of the OP appeared on their behalf.  Therefore, the OP was proceed exparte on 21^st April, 2010.  the case was thus fixed for exparte arguments.

4]             We have heard the ld.Counsel for the complainant and have also gone through the evidence and documents placed on record.

5]             At the time of arguments, the ld.Counsel for the complainant wished to place reliance on the warranty card issued by the OPs and placed as annexure to the complaint.  According to the warranty card, if the batteries were damaged within 24 months, the OP would be liable to give free replacement.  The OP not only failed to replace the defective batteries but also failed to come forward with their reply to the complainants case.

6]             In this set of circumstances, we can only deduce that the OP is avoiding the complainant since it know that the batteries sold by it were defective.  This is a clear case of deficiency in service and unfair trade practice.  The OP is liable to refund the amount of the batteries to the complainant. 

7]             In view of above findings, we allow this complaint with directions to the OP as under:-

i)         The OP shall refund Rs.13,000/- to the complainant, which was the price of the two batteries paid by the complainant.

ii)        The OP shall pay Rs.5000/- as compensation to the complainant for the harassment and mental agony suffer by him due to its deficient service.

iii)       The OP shall also pay Rs.5000/- as cost of litigation to the complainant. 

8]             The aforesaid amount be paid by the OP within 45 days from the date of receipt of certified copy of this order, failing which the OP shall pay a sum of Rs.18,000/- to the complainant along with interest @18% per annum from the date of this order till realization besides paying litigation cost of Rs.5,000/-.

9]             Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

19.07.2010                               

          Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                                   Sd/-

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’