IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of February, 2016
Filed on 02.11.2015
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.323/2015
between
Complainant:- Opposite Parties:-
Sri. Sasidharan 1. The Director, Power Building
Kizhakkeveliyil Batteries (P) Ltd., Power Build
Kalavoor P.O., Alappuzha Batteries Road, Bangalore – 3
2. Sri. Suneer (Dealer, Power
Build Batteries), Thoppil House
Mannancherry P.O., Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant had taken delivery of a 12 Volt Inverter together with batteries manufactured by the first opposite party from Bangalore through their agent the second opposite party for Rs.8500/- on 11.1.2013. The price agreed has been paid and the second opposite party issued a warranty card bearing No.BB1 1214 325 for a guarantee of 36 months. Immediately after 3 months, the inverter has stopped working and the second opposite party has been informed the matter. He inspected the inverter and informed the complainant that it will be replaced by placing the same to the manufacturer after rectifying the mistake within 7 days. Accordingly he had taken the inverter and supplied another inverter for the time being which also stopped working after few days. The complainant also informed the matter to the dealer, but he never cared to visit the house.
Alleging deficiency in service on the part of the opposite parties, the complaint is filed.
2. Notice against the second opposite party served, but they did not turn up. Hence second opposite party set ex-parte. Notice against the first opposite party not returned so far. Hence it deemed as served.
3. Complainant filed proof affidavit in support of the complaint. The document produced marked as Ext.A1.
4. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
5. Complainant purchased 12 Volt Inverter together with batteries manufactured by the first opposite party through their agent second opposite party for the price of Rs.8500/- on 11.1.2013. The second opposite party had issued warranty card. The warranty card was produced and it is marked as Ext.A1. According to the complainant after 3 months of purchase the Inverter started giving problems and the matter was informed to the second opposite party. The second opposite party inspected the Inverter and had taken it after supplying another Inverter for the time being. But it also stopped working after few days. The matter was brought to the notice of the second opposite party, but they neither rectified the defect nor cared to visit the house. On perusing Ext.A1 the warranty card, it is clear that the product has warranty for 30 months to 45 months from the date of purchase. The complainant admitted that the Inverter replaced by the second opposite party was also become defective. The affidavit filed by the complainant remains unchallenged. According to the complainant, his inverter was with the second opposite party. It was not yet returned after repair. The said act by the opposite party shows that the Inverter supplied by them was defective. Under these circumstances the opposite party is bound to replace the original Inverter with a new one of same model. The failure on the part of the opposite parties in returning the original Inverter after repair amounts to defect and deficiency in service on the part of the opposite parties.
In the result, complaint is allowed. The opposite parties are directed replace the original Inverter with a new one to the satisfaction of the complainant. The opposite parties are further directed to pay an amount of Rs.3,000/- (Rupees three thousand only) towards compensation and Rs. 1,000/- (Rupees one thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 29th of February, 2016.
Sd/- Smt.Elizabeth George (President):
Sd/- Sri Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Warranty card
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
