This case coming on 02.07.2014 for final hearing before us in the presence of Sri D.N. Murthy, Advocate for the Complainant and the Opposite Parties being set exparte and having stood over till this date for consideration, this Forum made the following:

                                                ORDER

(As per the Honourable President(FAC)on behalf of the Bench)

1.       The case of the Complainant in brief is that the Complainant purchased the battery for his inverter from the 2^nd Opposite Party on 02.06.2012 for Rs.7,200/-.    The 2^nd Opposite Party gave one year warranty for the said battery.   Subsequently, the battery did not workproperly, then the Complainant reported the same to the 2^nd Opposite Party to rectify the defects.   Whenever, the Complainant reported the complaint non-functioning of the battery the men of the Opposite Party came to his house and rectified the defects.     On 12.03.2013 the Complainant handed over the defective battery to the 1^st Opposite Party, the 1^st Opposite Party gave an acknowledgement for the same and informed the Complainant that they will give a new battery within short period.   But till now the 1^st Opposite Party did not give it to the Complainant it.     Inspite of many requests made by the Complainant, the 1^st Opposite Party did not rectify the same nor refund the amount.   Hence, this complaint.

2.       a) Direct the Opposite Parties to replace the new battery with same features and in case of failure to refund an amount of Rs.7,200/- (Rupees Seven thousand and two hundred only);

          b) Direct the Opposite Parties to pay an amount of sRs.5,000/- (Rupees five thousand only) towards compensation;

          c) For costs of the proceedings;

          d) For such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

3.       The Opposite Parties did not resist the claim of the Complainant as they were set exparte and remained exparte.

4.       At the time of hearing, the Complainant filed an affidavit as well as  written arguments to support his contention.     Exs.A1 and A2 are marked for the Complainant.   Treated as heard.  

5.       Ex.A1 is the warranty card with terms and conditions.   Ex.A2 is the acknowledgement issued by the 1^st Opposite Party dated 12.03.2013.

          Ex.A1 reveals that the Complainant purchased battery from the 2^nd Opposite Party on 2.6.2012 for Rs.7,200/-.   Ex.A2 reveals that the Complainant handed over the battery to the 1^st Opposite Party dated 12.3.2013 as the 1^st Opposite Party endorsed low battery pickup.

6.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.  Whether the Complainant is entitled to any reliefs asked for?

7.         After careful perusal of the case record, this Forum finds that the Complainant had purchased the battery for his inverter on 2.6.2012 from the 2^nd Opposite Party for Rs.7,200/-.    After 9 months of its purchase, the Complainant handed over the same to the 1^st Opposite Party as the battery was not working properly.    Though, the battery is in the warranty period the Opposite Parties did not rectify the defects in the battery.   It amounts to deficiency of service on the part of the Opposite Parties.    Hence, the Complainant is entitled to costs of the battery with interest some compensation and costs too.

8.       In the result, the complaint is allowed directing the Opposite Parties 1 and 2: 1) to refund the purchase price of Rs.7,200/- (Rupees Seven thousand and two hundred only) with interest @ 9% p.a. from 12.03.2013 till the date of actual realization, and to pay 2) a compensation of Rs.1,000/- (Rupees One thousand only) and 3) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.    Time for compliance, one month from the date of this order.

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 16^th day of July, 2014.

Sd/-                                                                                          Sd/-

Male Member                                                                            President

APPENDIX OF EVIDENCE

For the Complainant:-

For the Opposite Parties:-

                                                -Nil-

Sd/-                                                                                          Sd/-

Male Member                                                                            President