West Bengal

South 24 Parganas

CC/19/2016

Subrata Das, Kakdwip. - Complainant(s)

Versus

M/S. Manasi Enterprise. Kakdwip. - Opp.Party(s)

02 Dec 2016

ORDER

                                      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _19_ OF ___2016__

 

DATE OF FILING : _29.2.2016__                               DATE OF PASSING JUDGEMENT: 02/12/2016

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker

                                                                             

COMPLAINANT             :     Subrata Das, Kakdwip Purbagangadharpur, South 24-Parganas, pin-743347

 

-VERSUS  -

 

O.P/O.Ps                            :  M/s Manasi Enterprise, P.O & P.S Kakdwip, Kakdwip Young Staff Road, Near Bank of Baroda , South 24-Parganas, Pin-743347

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member          

 

This is an application under section 12 of the C.P Act 1986 filed by the complainant on the ground he purchased Four Batteries from M/s Manasi Enterprise manufactured by Base International Ltd. Company ( Model-BEX 1000) at the cost of Rs. 24000/- for use in his E-Rickshaw. The batteries were six months replacement warranty. From the beginning of purchase of the batteries the complainant marked that the vehicle is getting low mileage. He also checked his Electrical Wiring and came to know that all other parts of his vehicle are o.k excepting the batteries. He repeatedly complained before the O.P and they charged the batteries make by another company. The O.P has kept the original purchased batteries along with warranty cards with them, for which, the complainant faced a huge financial loss.

The O.P contested the case b filing written version and have denied all the allegations leveled against him. The complainant did not appear from the very beginning of the case.

Point for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.P.

                                                            Decision with reasons

The O.P namely M/s Manasi Enterprise is a retailer shop. The complainant purchased four pieces of Base Battery on 29.8.2015 vide challan no.17/2015-16 dated 29.8.2015 from M/s Manasi Enterprise , wherein in the place of particulars of the battery it has been mentioned “1 BASE BATTERY, BDX-1000”. But the complaint is regarding “BEX-1000” batteries, which are of separate

 

model, for which it is

                                                                        Ordered

That the application filed under section 12 of the C.P Act, 1986 is dismissed on contest against the O.P as the Model number of the batteries as complained and the Model no. mentioned in the submitted challan differs each other. But in the sorry state of affairs we restrain ourselves from imposing any cost treating the complainant as a vexatious complaint in view of Section 26 of the C.P Act, 1986.

Let a plain copy of this order be served upon the O.P through speed post and to the complainant free of cost.

 

Member                                                                                   President

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the application filed under section 12 of the C.P Act, 1986 is dismissed on contest against the O.P as the Model number of the batteries as complained and the Model no. mentioned in the submitted challan differs each other. But in the sorry state of affairs we restrain ourselves from imposing any cost treating the complainant as a vexatious complaint in view of Section 26 of the C.P Act, 1986.

Let a plain copy of this order be served upon the O.P through speed post and to the complainant free of cost.

 

Member                                                                                   President