DATE OF FILING: 15.01.2014
DATE OF DISPOSAL: 04.05.2018
Mr. Karuna Kar Nayak, President:
The complainant Kali Charan Satapathy has filed this consumer dispute under Section 12 of the Consumer Protection Act 1986, alleging deficiency in service and unfair trade practice against the Opposite Parties (in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that being an aged 72 he is unable to make regular work, hence in need of four wheeler and accordingly has a TATA Sumo vehicle bearing No.OR-07K 9927. The complainant asked the O.P.No.2 for supply of a battery and the O.P.No.2 supplied the same HCV -620- Amaron battery serial No. AAF 0937M323569 cash Retail Invoice for Rs.5350 with bill No. 1486 dated 20.07.2012. While handing over the aforesaid bill No.1486 dated 20.07.2012 for Rs.5350/- towards the Amaran Battery it reveals that the retail invoice has been issued in favour of the O.P.No.2 by the O.P.No.1 instead of the complainant, to which the complainant objected at the very moment to both the parties. The O.Ps agreed for correction of the retail invoice shortly. The O.P.No.1 also issued the terms and conditions of warranty and the period of warranty is limited to 18 months. After use of the battery, the same started problem for which the vehicle could not be started. After verification of the vehicle, it was found that there are defects in the battery. The complainant met with the O.P.No.1 for necessary replacement of the battery. But the O.P. No.1 instead of cooperating wanted to keep the battery with him and only after receipt of new battery from O.P.No.3, there will be replacement. Due to non-replacement of the battery, in question, the vehicle became stand still and the complainant being at the ages of 72 years is unable to move anywhere even after for his treatments at Berhampur for consulting the medical experts. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.P.No.1 for replacement of the defective battery, Rs.20,000/- only towards compensation for harassment and mental agony, Rs.3000/- towards the cost of litigation in the best interest of justice.
3. Upon notice the O.P.No.1 & 3 filed version jointly through their advocates. It is stated that the allegations mentioned in the complaint petition are all not true and correct, the burden of proof lies upon the complainant to strictly proof the same. The averments which are not specially admitted herein are deemed to have been denied. The O.P.No.3 is the manufacturer of batteries with brand name “ AMARA RAJA BATTERIES” and the O.P.No.1` is the authorized outlet of the O.P.No.3 to sell the batteries to their own customers. The purchaser of battery is supplied with a warranty card where in the terms and conditions of warranty find mentioned. The said terms and conditions are being on both the parties. The battery in question is manufactured by O.P.No.3 and sold by O.P.No.1 but the complainant has not purchased the same directly from the O.P.No.1. The original voucher according to the complainant stands in the name of the O.P.No.2. The O.P.No.3 in their every product, manufactured by them assured free replacement within certain months subjects to fulfilling the terms and conditions mentioned in the warranty card. The consumers who are not taking care of the product as per instructions and voluntarily causing damage to the product are deprived of warranty benefit assured by the manufacturer because such damages are not covered under warranty conditions. The complainant is neither a consumer of the O.P.No.1 & 3 nor they are his service providers. The O.P.No.1 would have received the battery from the complainant for checkup by the service engineer of the O.P.No.3 but the battery in question was not given to the O.P.No.1. So the question of replacement of battery or payment of compensation does not arise. The application in present Forum is not tenable in law. As per warranty conditions the complainant is neither entitled for replacement of the alleged battery nor the value/purchase price thereof or any kind of compensation under what-so-ever head. Hence the O.P.No.1 & 3 prayed to dismiss the case.
4. Upon notice the O.P.No.2 filed version. It is stated that the complainant asked O.P.No.2 for supply of battery for his vehicle which is used for his personal use. Accordingly, this O.P.No.2 purchased the Amaron battery in question from the O.P.No.1 on payment of sum of Rs.5,350/-only. At the time of issue of retail invoice bill No. 1486 dated 20.07.2012 by the O.P.No.1. Inadvertently the invoice was issued in the name of this O.P.No.2 instead of the complainant for whom the battery was intended. Subsequently the O.P.No.2 asked the O.P.No.1 for correction of the retail invoice in the name of the complainant who agreed, but it was not done. For the mistake done by the O.P.No.1, the O.P.No.2 is not liable since the O.P.No.1 is the distributor of the said battery who issued the retail invoice on receipt of the money of Rs.5,350/- vide Bill No. 1486 dated 20.07.2012. Hence the O.P.No.2 prayed that the name of the O.P.No.2 may be deleted from the complaint in the best interest of justice.
5. On the date of hearing the advocate for complainant, advocate of O.P.No.1 & 3 are present. We heard argument from them at length. We perused the complaint petition, written version, and documents placed on the case record. We perused the Photocopy of Cash/Retail Invoice of Padhy Distributors, Spectrum Manor, Gandhinagar, Berhampur vide Bill No. 1486 dated 20th July 2012 stands in the name of buyer Pradyumna Senapati, Berhampur. In the instant case Sri Kali Charan Satapathy has filed this complaint. So the complainant is not a real consumer as he fails to file any documentary evidence in his support that he has purchased the said battery. Hence we dismissed the case.
In the result we dismissed the case against Opposite Parties without cost.
The order is pronounced on this day of 4th May 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
