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

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Ramji Lal s/o Sh.Sadhu Ram, r/o # 21, 2^nd Floor, B-Block, Savtiri Enclave, Lohgarh, Near Zirakpur, District Mohali, Punjab.

…..Complainant

                           V E R S U S

1]M/s Su-Kam Power Systems Ltd., through its Director, 196-C, Udyog Vihar, Phase-6, Sector 37, Gurgaon(Haryana),

2]Mehar Electric Aids, SCF No.12, Sector 18-C, Chandigarh through its Manager/Prop.

3]Service Centre, M/s Su-Kam Power Systems Ltd., through its Manager, Plot No.26/7, Industrial Area, Phase-II, Chandigarh.

                                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL        PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: Sh. Rajneesh Malhotra, Adv. for complainant.

OPs exparte.

PER DR.(MRS) MADHU BEHL, MEMBER

             Succinctly put, the complainant on 02.08.2007 purchased a Home UPS 1400VA Sukam Pure Sine Wave i.e. an inverter with two batteries from OP-2 for Rs.23,300/-.  The said inverter carried a warranty of 2 years and one and half year for batteries from the date of purchase. The complainant stated that soon after the purchase of the said inverter, it started giving problems.  He approached OP-2 regarding the same who gave the contact no. of OP-3(service centre of OP-1).  The complainant rang OP-3 many times regarding the above fact but of no use. On 4.07.2008 the said inverter was checked by OP-3 and it was reported that the batteries were not charging and UPS/normal shifted to UPS. Thereafter the batteries were sent to Zirakpur ware house for testing. After that the batteries were repaired and installed at the house of the complainant vide challan no. 1405 with the remarks that the same were found to be O.K. The complainant found that after installation, the batteries again started giving problem of low backup. The said defect was again brought to the notice of the OP-3 vide complaint no.9664 dated 13.10.2008. The complainant at the time of lodging complaint was informed by the service centre that there was a problem in the batteries and it needed replacement. The complainant again took the batteries to Zirakpur for testing vide challan no.1411 dated 14.10.2008 which were returned to him without replacement on 16.10.2008, as the OPs denied the replacement of defective batteries. The complainant wrote a letter dated 15.10.2008 to OP-1 regarding the above facts but no action was taken by OP-1. Despite repeated complaints and reminders regarding the defective inverter and batteries, the OPs have failed to rectify the defects.

2.           The above complaint was earlier filed before the Learned District Fourum-II, U.T. Chandigarh which was fixed before the Permanent Lok Adalat on 09.01.2009. The OPs without any contest replaced the defective inverter with a new one on 16.01.2009, but as per the complainant the new inverter was also defective. The complainant again lodged a complaint with the service centre of OP on 24.09.2009.  The representative of the service centre checked the inverter and had verbally told that the batteries which were replaced in January, 2009 were also defective.  After that the complainant wrote a detailed letter dated 7.10.2009 for refund of the amount as the inverter was not working but to no effect. Till date the OPs have failed to rectify the defects in the inverter or the batteries, despite repeated requests of the complainant. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

3.             Notice was served to the OPs. None appeared on behalf of the OPs.  Accordingly the OPs were proceeded ex-parte. 

4.             The Learned Counsel for the complainant led evidence in support of his contention.

5.             We have heard the Learned Counsel for the complainant and have also perused the record.

6.             The main grouse of the complainant is that he purchased Home UPS 1400VA inverter with two batteries from OP-2 vide their bill no.242 dated 02.08.2007. Annexure C-17 shows that the said inverter carried a warranty of 24 months and battery for 12 months. His contention is that after the purchase of the said inverter, from the day one, he was facing frequent troubles in it and the batteries started giving problem of low backup etc., due to which he was compelled to approach the Consumer Fora. The case was settled in Lok Adalat in the month of January, 2009.  The whole unit (inverter alongwith two batteries) was replaced and a fresh warranty of 24 months on inverter and 12 months on batteries was given from the date of installation of the said inverter i.e. from 16.01.2009 but after few months the new replaced inverter again started giving frequent troubles and the complainant again lodged a complaint on 24.09.2009 with the service centre of OP at Chandigarh.  Annexure C-18 is the copy of the field service report which shows that the said inverter was sent to the service centre of the OP and there was a problem of low backup.

7.             The contention of the complainant is that he was facing frequent troubles with the product of the OP during the peak summer season and OPs did not bother to redress his grievance. On 7.10.2009, he sent a legal notice to the OPs but the OP did not bother to reply. 

8.             From the above facts it is clear that the inverter did not function properly after few days of its purchase.  Annexure C-17 also shows that it was within the warranty period. Needless to mention here that the said set was replaced on 16.01.2009 and again it became defective after few months of its replacement which was within the warranty period.    In our opinion the OPs are bound to get it repaired which they failed to do and rather thrust this unwanted litigation on the complainant.  The OPs have not controverted any of these contentions, as no body appeared after service and were proceeded against exparte.

9.              In view of the above discussion, we are of the opinion that the present complaint must succeed. The same is accordingly allowed.  Since the inverter is within the warranty period, the OP-3 is directed to repair the inverter in question without any charges and to return it to the complainant after making if fully functional within 7 days from the receipt of the inverter. The OPs are directed to replace the defective inverter and batteries with a new one if according to them the defect in the inverter and batteries appear to be non repairable/non functional. They shall also to pay Rs.550/- as costs of litigation to the complainant within the aforesaid period. 

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