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

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Complaint  Case No : 1420 of 2009

Date   of  Institution :    16.10.2009

Date   of  decision   :    28.01.2010

Col.R.D.Vasisht (Retd.), H.No.J-144, Army Flats, Mansa Devi Complex, Sector 4, Panchkula

….…Complainant

V E R S U S

1]     M/s National Battery House, SCF No.328. New Motor Market, Mansa Devi Road, Mani Majra, U.T., Chandigarh.

2]     Hyundai Power Products, C-8 & C-9, Community Centre, Janakpuri, New Delhi.

.…..Opposite Parties

CORAM:    SH.JAGROOP SINGH MAHAL      PRESIDENT

                DR.(MRS) MADHU BEHL              MEMBER

Argued by:Sh.S.M.Wadehra, Adv. for Complainant.

         Sh.Charanjeet Sood, Partner of OP No.1.

         Sh.M.C.Kaushik, Auth. Repr. of OP No.2.

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

                As per the case of the complainant, he purchased one Hyundai Inverter with battery from OP No.1 and got it installed at his Shop in Feb., 2008 and for this, he paid Rs.1000/- in cash while Rs.6000/- was paid through cheque.  It is averred that OP No.1 had informed the complainant that the said inverter was having guarantee of 2½ years and the battery for 1½ year from the date of their purchase.  However, no bill or guarantee card was issued by the OP No.1 despite making the payment of full amount.  It is also averred that the inverter & battery started giving problems just after few days of its purchase, which was reported to the OPs time & again whereupon it was repaired by them for about 5 times but inspite of all that, it failed to function properly.  It is further averred that the inverter as well as the battery were having inherent defect due to which they were not functioning properly and used to go out of order very frequently.  The complainant requested the OPs to get the inverter & battery replaced with new one but they did not, as a result the complainant could not get its benefit during the heavy power cuts in the summer season of 2009.  A letter was also sent to the OPs in this respect but to no effect.  Therefore, the present complaint has been filed alleging the above acts of OPs as gross deficiency in service and unfair trade practice due to which the complainant and his wife had to suffer great mental tension, physical harassment and inconvenience. 

2]             OP No.1 filed reply and admitted the sale of inverter and battery.  It is stated that the inverter was carrying warranty for 2 years and the battery was having 1 year warranty from the date of purchase.  It is denied that the bill and guarantee card was not issued.  It is also stated that the complainant had purchased a local made battery having one year warranty.   It is also denied that the inverter and battery did not function properly.  It is further denied that complainant ever lodged any complaint with answering OP with respect to any defect or problem in the functioning of the inverter or the battery.  The inverter and battery were working properly.  It is asserted that the complainant filed the present complaint in order to get the new battery despite the fact that the warranty of the battery had already expired on 16.2.2009.  Rest of the allegations have been denied and it is prayed that the complaint qua OP No.1 be dismissed.

3]             OP No.2 also filed reply stating interalia that Hyundai Inverter carries a warranty of Two Years period only and not two & half years, as alleged.  It is also stated that OP Company did not receive any complaint from the complainant with regard to any problem in the functioning of the inverter nor did they ever receive the inverter for any repair.  However, it is asserted that the OP Company is ready to service the Hyundai Inverter as per terms & conditions of the warranty provided the complainant cooperates with the company staff by showing his defective product as well as other relevant papers.  Denying all other allegations including any deficiency in service, it is prayed that the complaint be dismissed.

4]             Parties led evidence in support of their contentions.

5]             We have heard the ld.Counsel for the parties and have also perused the record.

6]             Annexure C-1 is the statement of account of Mira Traders being run by the complainant.  The OP has produced the bill, copy of which is now marked as Annexure R-1 issued in favour of Meera Traders on 14.02.08 vide which the payment of Rs.6,000/- is shown to have been made by cheque.  Annexure (now marked) R-2 is the warranty card which shows that the battery carried a warranty of 12 months.  No complaint regarding the defect in the battery is proved to have been made by the complainant upto 14.02.09.  The complainant has however served a notice, copy of which is Annexure C-2 on 11.06.09 after the warranty period of the battery had expired.  No claim for repair of the battery free of cost therefore lies beyond the warranty period.

7]             As regards the inverter, it is admitted that the same carried a warranty of 2 years.  The warranty is yet to expire on 13.02.2010.  The contention of the complainant is that the inverter is defective and a number of complaints had been made to the OP to repair the same but they did not. The inverter is purchased by a customer to make use of the same when the electricity supply is not being received or during cut off days.  If the inverter does not work, it causes not only harassment to the customer but also is a source of mental harassment because even after spending money, he has not been able to reap the fruits thereof.  The complainant had even served a notice Annexure C-2 on the OPs but inspite of that they did not try to repair the same causing mental and physical harassment to the complainant for which they would be liable to pay compensation.

8]             In view of the above discussion, we are of the opinion that the present complaint succeeds in part.  The same is allowed.  The OPs are directed to repair the inverter free of charges by visiting his house within 15 days from the receipt of the copy of this order and also pay to the complainant Rs.2,000/- as compensation and Rs.550/- towards the costs of litigation.  This amount shall also be paid within 15 days from the receipt of the copy of this order.  If the inverter is not repaired or the amount is not paid within the aforesaid period the OPs would be liable to pay the entire amount alongwith penal interest @12% p.a. since the filing of present complaint i.e.16.10.2009, till the inverter is repaired or the compensation is paid, which ever is earlier.

          Certified copies of this order be sent to the parties free of charge.  The file be consigned.