Orissa

Jharsuguda

CC/191/2020

Sri, Rajesh Kumar Tiwari S/O- Late Ram pyare Tiwari - Complainant(s)

Versus

M/S Krishna Electricals & Industrial - Opp.Party(s)

Self

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-191/2020

 

Rajesh Kumar Tiwari, aged about 70 yrs.

 S/O-Late Ram Pyare Tiwari,

Occu: Retd. Job Typist,

       R/o- Near Gujarati School,

       Jhanda Chowk, Jharsuguda,

       Po/ Ps/Dist : Jharsuguda.                                                        ..……Complainants.

     

Versus

 

1.  M/s Krishna Electrical & Industrial

Marwaripara, Kedia Gali, Jharsuguda, Odisha.

 

2.  M/s Luminus Power Technologies Pvt.,

Regd. Office: C-56, Mayapuri Industrial Area,

Phase-II, Mayapuri, New Delhi-110064.

 

3. M/s Luminus Power Technologies Pvt.,

Corporate Office: Plot No. 150, Sector-44,

Gurgaon, Hariyana-122003.                                              ……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant                       :-         Self.               

For the Opp. Party No-1 to 3         :-         None.

 

             Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                                     2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 17.11.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that, the Complainant has purchased one Inverter  of LUMINOUS Company  of Model 1065V a Electra +SQ, serial no- 12JAS8C1201867  and LUMINOUS Battery ILTT20048, serial no- A2/367E3008778 along with other fittings costing to Rs.17,214/-  from the O.P-1 on dtd.29.05 2019 vide invoice No-KEI/024 dtd. 29.05.2019 in the name of his grandson Dhruba Tiwari.  On dtd. 01.5.2020 the battery stop functioning and the Complainant informed the matter verbally to the O.P-1 but he informed the matter on dtd. 14.05.2020 to replace the Inverter. On dtd. 19.05.2020 one Technician named Sanjit Maity came to attend the complainant against the service request no- 40093113954-VM LUMINOUS, but could not detect the fault. The Inverter was continued to stop and given problem every day at regular intervals. On dtd. 18.09.202 the Inver begun to give Beep Sound frequently in spite of having power supply from Grid. On dtd. 19.09.2020 another Technician named Jitendra Jena attended the call and suggested to check the Electric line which was found O.K later on.  Mr. Jena left the place with an assurance to come some other day but he never came again in spite of several telephone calls. Thereafter the Complainant had sent photos of invoice to the Customer care of Luminous through WhatsApp, again a complaint was registered vide no- 401013595 and on dtd. 22.09.2020 a Technician from company came and made some repair in the Inverter. But the same trouble continued as a result the Complainant had to live without Light, Fans, Refrigerator, etc. Thereafter on dtd. 24.09.2020 the Technician from the O.P-1 came and changed the PCB of Inverter still the problem continued. Further there were several WhatsApp messages have been exchanged between the Complainant and the O.P-1 but no result came out. On dtd. 17.10.2020 the O.P-1 brought one Inverter and kept in the house of the Complainant but never installed.  Hence the Complainant claims that the O.Ps have “Negligent in Services” but to say “Denial of Services”. As the Complainant is a chronic patient of Heart Disease undergone Cardio Surgery, his wife  is a patient of Diabetes and his daughter are chronic mental patient and are undergoing  treatments of different doctors and the Complainant had purchase the Inverter to get rid of Power cuts.   Hence he sought relief from this Commission for the deficiency in service committed by the O.Ps.

The O.P-1, 2 & 3 despite of service of notice they did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-1,2 & 3 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.                                                                                                                                                   

        POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new Inverter of LUMINOUS Company of Model 1065V a Electra +SQ, serial no- 12JAS8C1201867 and LUMINOUS Battery ILTT20048, serial no- A2/367E3008778 along with other fittings costing to Rs.17,214/- and  vide invoice no-KEI/024 dtd. 29.05.2019 from the O.P-1 on payment of consideration. It is the O.Ps to provide after sales services but neglected the purchaser/consumer/Complainant when he faced certain defects in the said Battery after using the same for some months. But despites several visits to the O.P-1, he could not get it repaired being the Authorized service center and unable to provided required after sale services to the Complainant though the Battery was within warranty period. The O.P-1 has neglected to provide necessary after sale services and shifted the burden to the manufacturer (O.P-2). But OPs were at least required to repair it. Neither they repaired it properly nor did they replace the defective Battery to the complainant, which amounts to deficiency in service on the part of O.Ps. This matter has been well settled in the case of “Ravinder Kumar vs Exide Industries Limited” on 22 November, 2017 by State Consumer Disputes Redressal Commission, Union territory, Chandigarh. Hence the O.Ps have committed “Deficiency in Service” u/s-2(11) of Consumer Protection Act-2019, by not providing proper services to the Complainant. Hence we order as under:-                          

ORDER

The Complaint petition is allowed. The O.Ps are directed to replace the defective Battery and provide him a brand new Battery of same make and model i.e. one Inverter of LUMINOUS Company of Model 1065V a Electra +SQ and LUMINOUS Battery ILTT20048 or refund the cost of the LUMINOUS Battery of Rs.17,214/- with 9% interest  per annum from the date of filing the complaint, i.e., dtd. 13.11.2020 till its realization." The O.Ps are further directed to pay Rs. 3,00,000/-(Rupees Three Lakhs)                                                                                                                                   as compensation and Rs. 30,000/- (Rupees Thirty Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law. 

Order pronounced in the open court today i.e, on 2^nd day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

                      I agree,                                                                                             

                     MEMBER(W)                                         PRESIDENT.

                                                        Dictated and Corrected

                                                                      By me.   

 

              PRESIDENT