Date of Filing:15.10.2008<br /> Date of Order:19.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 19TH DAY OF JANUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2229 OF 2008<br /> <br /> <br /> Smt. Saraswathi,<br /> M/o Manu, Building No.82,<br /> HIG-B-2-105, K.H.B. Colony (Sirke),<br /> III Stage, Kengeri Satellite Town,<br /> Bangalore-560 060. Complainant<br /> <br /> <br /> V/S<br /> <br /> M/s APC Corporate Office (India),<br /> 27, Lavelle Road, <br /> Bangalore-560 001. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed by the complainant stating that, she has purchased Power Inverter Model B1800T with 2 batteries for Rs.15,453/- at Big Bazaar, Katriguppe, Bangalore and installed the inverter with 2 batteries on 11/12/2006 by the Engineers of opposite party. Installation report has been enclosed. The first service has been done on 25/09/2007. The complainant had given complaint to the company that inverter is not working and getting sound. The company deputed Mr. Riyaz. Complainant asked to replace the same. Complainant approached the opposite party company so many times but no response. The unit is not working since from one year. Therefore, the complainant asked to replace the inverter and batteries. <br /> <br /> 2. Notice was issued to opposite party. The representative of the opposite party company appeared and submitted that the company is ready and willing to repair and set right the APC inverter. <br /> 3. Matter was heard. In view of the fair and just submissions of the opposite party company representative it is just, fair, proper and reasonable to direct the opposite party company to repair and set right the APC inverter and it should be made in working condition. The complainant who had purchased APC inverter for Rs.15,453/- must be satisfied with the product. The opposite party company should see that it shall attend the problem with the product promptly without any delay. Consumer satisfaction is the most important factor to be considered by any service provider. Consumer was the boss in the past, is at present and will be in the future. Consumer is the most important visitor in the premises of the opposite party. Consumer is not dependent on the service provider, on the other hand the service providers are dependent on the consumers. The opposite party company should set right the things and attend the grievances of the complainant without giving any scope to complain. However, in this case the company representative who has appeared in person and fairly submitted that the opposite party will attend the problem of the complainant. This submission is appreciated. In view of the submission made in the open court it is just, fair and proper to direct the opposite party to repair and set right the matter and make the APC inverter in workable condition at their own costs and report the matter to the Forum after attending the grievances of the complainant. The advocate for the opposite party has filed Memo stating that in order to replace the inverter and to provide a brand new battery opposite party had been to the place of complainant on 12.01.2009. However, the complainant herein refused to accept the same. The opposite party herein submits that it is ready and willing to replace existing inverter with a reconditioned unit with one year warranty from the date of installation and also to provide a new battery along with warranty card. In view of this memo the complaint deserves to be allowed. The complainant has to accept the offer of the opposite party because the said offer is quite just, fair and reasonable. The question of refusal of the offer does not arise at all. In the result I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 4. The complaint is allowed. The opposite party is directed to replace the inverter with brand new battery and shall give one year warranty as promised from the date of installation and after executing the order the opposite party shall report the matter to this forum. With the above direction the matter is disposed off.<br /> <br /> 5. The opposite party is directed to pay Rs. 5,000/- as costs of the present proceedings to the complainant.<br /> <br /> 6. Send the copy of this order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 19TH DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> Rhr., <br />