Date of filing: 01.10.2012.

Date of disposal: 21.12.2012.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:

VIJAYAWADA, KRISHNA DISTRICT

Present: Sri A. M. L. Narasimha Rao, B.Sc., B. L., President

Smt N. Tripura Sundari, B. Com., B. L., Member

Friday, the 21st day of December, 2012

C.C.No.176 of 2012

Between:

Pilla Satyanarayana, S/o late Penta Rao, Door No.5-1/1-8, Nataraja Street, Chittinagar, Vijayawada -1

….. Complainant

And

M/s Shanmukh Enter Prises, Proprietor Pill S.D. Kiran Kumar @ Kiran, Shop No.3, D.No.27-6-86, Krishna Estates, Prakasam Road, Governorpet, Vijayawada – 1.

. … Opposite Party.

This complaint coming on before the Forum for final hearing on 19.12.2012, in the presence of Sri K. Kumar, advocate for complainant and opposite party remained absent, and upon perusing the material available on record, this Forum delivers the following:

O R D E R

(Delivered by Hon’ble President Sri A. M. L. Narasimha Rao)

1. This complaint is filed under Section 12 of Consumer Protection Act, 1986 for a direction to the opposite party to handover a new working inverter, to pay Rs.10,000/- towards compensation and to pay costs.

2. The averments of the complaint in brief are as follows:

The complainant is a resident of Vijayawada had purchased a Sukam inverter with Amaron battery from the opposite party, the authorized dealer of Sukam inverters and Amaron batteries on 30.9.2011 for Rs.8,500/-. At the time of installation the opposite party informed that the complainant could use 3 lights and

3 fans for three hours during power cut. After installation the inverter not supported by the battery and did not work properly. On complaint the opposite party sent its employee Siram Chinna who tested the inverter and said that it was not working and suggested replacement. The complainant accordingly informed the opposite party. He handed over the Sukam inverter two such occasions and finally the opposite party acknowledged the receipt of inverter on 10.2.2012. The opposite party promised to replace inverter. Till the date of filing this complaint the inverter is not replaced and the opposite party has been postponing on some reason or other. The complainant suffered a lot from the date of purchase due to defective inverter. The complainant got issued a legal notice dated 17.9.2012 but the opposite party did not claim the notice. Therefore the present complaint is filed.

3. After notice the opposite party failed to appear and the matter is proceeded exparte.

4. The complainant filed his affidavit and marked Exs.A1 to A5. According to the complainant he purchased Sukam inverter attached with Amaron battery from the opposite party and after installation it was found to be defective and ultimately it was handed over to the opposite party on 10.2.2012 for replacement. The complainant filed slip known as battery slip dated 10.2.2012 issued by the opposite party. Though this slip does not refer to both inverter and battery, we accept the contention of the complainant that the inverter and battery are not working as there is denial by the opposite party. When the defective battery was handed over to the opposite party, the opposite party is bound to rectify the defect or replace the battery. Since the defect is not rectified the complainant is entitled to the relief for replacement.

5. The inverter was purchased in the month of September, 2011. The inverter was handed over to the opposite party on 10.2.2012. This complaint is filed in the month of October, 2012. We take judicial notice of the fact that recently there has been severe power cut in Vijayawada like many other places in Andhra Pradesh.

The complainant must have suffered inconvenience inspite of purchasing inverter. Therefore we also feel that the complainant is entitled to compensation of Rs.10,000/-. The complainant also be entitled to costs of Rs.1,000/-.

6. In the result this complaint is allowed and the opposite party is directed to deliver a new Sukam inverter with Amaron battery of same capacity as the one earlier sold to the complainant and to pay Rs.10,000/- (Rupees ten thousand only) towards compensation to the complainant and also to pay costs of Rs.1,000/- (Rupees one thousand only) to him. The opposite party shall comply with the order within one month from the date of receiving copy of the order. Complaint for rest of the reliefs is dismissed.

Dictated to Steno N. Hazarathaiah, transcribed by him corrected by me and pronounced by us in the open Forum, this the 21st day of December, 2012.

                                                                          PRESIDENT                                                                 MEMBER

Appendix of evidence

Witnesses examined

For the complainant:                                                                                     For the opposite party:

-None-                                                                                                           -None-

Documents marked

On behalf of the complainant:

Ex.A1 30.09.2011 Photocopy of cash bill.

Ex.A2 10.02.2012 Photocopy of battery slip.

Ex.A3 19.09.2012 Copy of legal notice got issued by complainant to the opposite party.

Ex.A4 Returned Postal cover.

Ex.A5 Terms and conditions of warranty card.

On behalf of the opposite party: -Nil-

PRESIDENT