DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 27th day of September, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, President (I/C)<br /> Mrs.K.P.Suma, Member <br /> C.C.No.131/2006<br /> Noormuhammed,<br /> S/o.Moosa,<br /> M.N.Cables, Kanjikode,<br /> Palakkad. - Complainant <br /> <br /> Vs.<br /> 1.M/s.Penta Marketing,<br /> 5/499B, Plot No.17,<br /> CDA Colony, Sasthri Nagar Road,<br /> Eranhiapalam, Kozhikkode. <br /> <br /> 2.M/s.Penta Marketing,<br /> Branch Office,<br /> Ramnath Residency,<br /> Near Sai Hospital,<br /> Malampuzha Road,<br /> Olavakkode, Palakkad. - Opposite parties<br /> <br /> O R D E R<br /> <br /> <br /> By Prof.O.Unnikrishnan, President (I/C)<br /> <br /> The complainant in this complaint had started a cable television network at Kanjikode for livelihood. He had purchased an inverter of 2000 VA capacity from the 2nd opposite party by paying Rs.23,500 by way of demand draft. It is alleged in the complaint that the opposite party made him believe that the batteries supplied were having back up to 4 hrs. The opposite party had issued guarantee card promising the guarantee of the inverter and its batteries for two years from the date of supply. The complainant further <br /> <br /> submits that immediately after the installation of the aforesaid system, it was found malfunctioning. But even after the replacement of one of the batteries, the back up charge of the batteries was lasting for only ½ an hour instead of 4 hours as promised by the opposite party. It is stated in the complaint that the system came to stand still in the month of May 2006. But opposite party did not care to repair the inverter even after repeated telephone requests made by the complainant. The complainant sent a lawyer notice on 10.7.2006 asking them to replace the inverter and the battery. The opposite party sent a reply letter promising to replace the battery. The complainant accepted the offer of replacement of battery. According to the complainant the opposite party had not fulfilled his promise till the date of filing this complaint. It is alleged that the complainant had hired another battery on 3.5.2006 for the prompt functioning of the operation of cable T.V. The complainant had lost many number of customers due to the improper function of the cable TV operation. The opposite party is unable to replace the system with its batteries as per the terms and conditions of the guarantee given to the complainant. He had suffered mental agony and financial loss due to the above mentioned reasons. Feeling aggrieved, he has filed this complaint before this forum seeking an order directing opposite parties to replace the inverter with batteries with new one, to pay Rs.1,0000/- towards compensation for deficiency of service by the opposite parties, to pay Rs.10,000/- towards loss sustained by the complainant, to pay Rs.5,000/- towards compensation for unfair trade practice by the opposite parties, to pay interest @ 10.% for the said amount till payment and to grant such other reliefs as prayed by him during the pendency of the complaint before the forum.<br /> <br /> After admitting the complaint notice was sent to the opposite parties for their appearance before the forum. Notices were returned unserved. Hence <br /> <br /> substituted service was carried out. The paper publication was produced before the forum. Opposite parties were absent. Hence called and set ex-parte.<br /> <br /> The complainant filed an application requesting to appoint an expert commissioner to inspect the defects in the inverter supplied. The application was allowed. Sri.M.C.Achuthan was appointed as expert commission. The expert commissioner filed the report on 10.7.07. The complainant raised no objection to commission report. The affidavit of the complainant was taken on file on 1.8.07 and Exts.A1 to A6 were marked on the side of the complainant. Commission report was marked as Ext.C1. The evidence was closed. We heard the complainant and perused all the relevant documents on record. Substitute service were made against opposite parties. They did not turn up before this forum. Hence called and set ex-parte. It is evident from the Ext.A1 that the complainant had purchased an inverter of capacity 2000VA along with two 120 AH batteries for Rs.23,500/- from the opposite parties. The same was delivered to the complainant on 24.07.2004. As per the Ext.A2, the inverter and the batteries were guaranteed for a period of 24 months against any manufacturing defect. It is noticed from Ext.A5 and A6 that the complainant had accepted the offer of replacement of defective battery put forward by the opposite parties in their reply letter. There is no doubt that the opposite parties had failed to replace the defective battery and therefore the systems came to a stand still. We are of the view that the opposite parties ought to have replaced the complainant battery within the guarantee period. In the light of the facts set forth above, there is substance in the allegations made by the complainant. Hence we are inclined to attribute deficiency in service on the part of opposite parties. In the result, the complaint is allowed.<br /> <br /> <br /> We direct the 1st and 2nd opposite parties jointly and severally to replace the inverter with its batteries to the complainant with a new one or to refund the bill amount of Rs.23,500/- of the system supplied along with an amount of Rs.1,000/- towards compensation for the loss and mental agony suffered by the complainant. Opposite parties shall pay Rs.500/- as costs to the complainant. The opposite parties are given 6 week time to comply this order from the date of communication failing which the complainant is entitled to get the whole amount along with interest @ 10% p.a from the date of order till realisation.<br /> <br /> Pronounced in the open court on this the 27th day of September, 2007 <br /> <br /> President I/C (Sd)<br /> <br /> Member (Sd)<br /> Appendix<br /> Exhibits marked on the side of complainant<br /> Ext.A1 – Quotation<br /> Ext.A2 – Warranty card<br /> Ext.A3 – Copy of lawyer notice<br /> Ext.A4 – Acknowledgement of Ext.A3<br /> Ext.A5 – Reply notice sent by 1st opposite party <br /> Ext.A6 – Reply given by complainant <br /> Exhibits marked on the side of opposite parties<br /> Ext.C1 – Commission report