Tamil Nadu

South Chennai

CC/258/2016

VR.Krishnan - Complainant(s)

Versus

M/s.Power Pack House - Opp.Party(s)

Party in Person

15 Feb 2017

ORDER

                                                                        Date of Filing :   11.07.2016

                                                                        Date of Order :   15.02.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                 TMT. K.AMALA, M.A. L.L.B., CLP                               : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A  ,D. Min. PGDHRDI, AIII,BCS : MEMBERI

 

C.C.NO.258/2016

WEDNESDAY THIS  15^TH  DAY OF FEBRUARY 2017

 

VR. Krishnan,

65 Raju Nagar, 3^rd Street,

Thoraipakkam,

Chennai 600 097.                                         ..Complainant

 

                                              ..Vs..

The Proprietor,

Power Pack,

Power Pack House,

No.23 V.N.Dose Road,

Anna Salai,

Chennai 600 002.                                        ..Opposite party.

 

For the Complainants                 :     Party in person.       

For the opposite party                 :    Exparte.

 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party to refund AMC charge of Rs.3,000/- and to refund  cost of batteries and to pay sum of Rs.10,000/- as mental agony and torture and to pay a sum of Rs.10,000/- as cost of the complaint. 

1. The averment of the complaint are brief as follows:

           The complainant is an M.Sc., Chemical Engineer and retired as Chief of Research and Development of ICI India a British company.  He now runs a TUV certified ISO 9001-2008 Chemical Industry for the past 30 years, he is aged 90 years and living with his wife 82 years.

2.     The complainant has been using the Inverter supplied by the opposite party for the few years.   He had also paid Annual Maintenance Contract charges for which receipt was also issued by the opposite party.   For the past one year the opposite party had defaulted and failed to maintain their Inverter.  They never responded to the phone calls of the  complainant nor to personal calls  of his staff to their shop.  

3.     The opposite party’s proprietor Mr. Srinivasan came and collected all the four batteries for repair from the complainant’s home. Till date he has refused to give proper acknowledgment nor repaired them as promised and has not delivered them back in good condition.    The opposite party has deliberately deceived the complainant by their blatant act.  The complainant and his wife suffered terribly for a week without fan light particularly at night during power failures.  The complainant was forced to order a new inverter from another reputed supplier incurring additional expenses.  Thus the complainant was cheated by the opposite party.  The complainant and his wife was also put into intense suffering due to non functioning of the inverter.  Therefore it is total failure of  service  as per AMC and also caused mental agony stress and financial loss.    Therefore the complainant filed the above complaint.

4.     Inspite of receipt of notice the opposite parties did not appear before this forum and therefore they were set exparte.

5.     Though the opposite parties remained expate this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

6.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 & Ex.A2  are marked. 

7.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

8.  POINT No. :1

           The facts of the case in the instance case is that the complainant purchased inverter from the opposite party  and also paid Annual Maintenance Charges towards AMC for a sum of Rs.3,000/-.  The grievance of the complainant is that the opposite party had failed to maintain the inverter for the past one year and never responded to the phone calls, later the proprietor of the opposite party collected the four batteries of the inverter  and failed to give any acknowledgment and also failed to deliver the said batteries till date.    The complainant and his wife suffered due to non functioning of the inverter and also forced to order a new inverter by incurring additional expenses.   Therefore the opposite party had committed failure of service as per AMC and also caused mental agony stress and financial loss to the complainant during his old age.  Therefore the complainant has filed the above complaint claiming refund of the AMC charge, refund of the cost of six batteries and compensation for mental agony and cost of the complaint.

9.     It is evidenced through Ex.A1 that the complainant had entered into an agreement of Annual Maintenance contract for the inverter for the period 5.7.2015 to 4.7.2016 and paid a sum of Rs.3,000/- as AMC charges on 8.7.2015.   

10.    It is seen that the complainant raised allegation against the opposite party that for the past one year they had not maintained their inverter and never responded to the phone calls of the complainant and later the opposite party collected the six batteries for repair from the complainant and not repaired  the same and delivered to him.   In respect of this issue the complainant has filed only the invoice of the batteries purchased from the opposite party whereas he has not filed any document for receipt of the same by the opposite party for repair.    However the complainant had evidenced in his proof affidavit that the opposite party had taken the six batteries  from his home  but they neither acknowledged, nor repaired and refund it and due to the non functioning of the inverter he and his wife were put into severe mental stress due to the act of the opposite party.   

11.    Whereas the opposite party has not appeared before this forum to refute the contentions of the complainant and given any contra evidence,  therefore the opposite party was set exparte.

12.    Since the opposite party received the AMC charges it is the duty of the opposite party to get the batteries duly repaired and delivered it to the complainant.    It is also clear that till date the opposite party had not delivered the batteries and failed to do their duty and therefore the contention of the complainant that the opposite party had committed deficiency in service is acceptable. 

13.    Therefore the opposite party is liable to return the complaint mentioned six batteries received from the complainant after duly repaired without imposing any charges.   But the claim of the complainant for refund of AMC charge cannot be acceptable.  

14.    It is also seen that the complainant and his wife is aged about 90 & 82 years.  Therefore the contention of the complainant that due to the deficiency in service of the opposite party, they suffered mental agony and torture is also acceptable.  Hence the opposite party is also liable to pay a sum of Rs.5,000/- towards compensation for causing mental agony. 

15.    Considering the facts and circumstances of the case, the contention of the complainant that the opposite party committed deficiency of service and also caused mental stress to the complainant is acceptable.  Therefore this forum is of the considered view that the opposite party is directed to return the  complaint mentioned six batteries duly rectifying the defects  without imposing any charges and the complainant is not entitled for refund of cost of six batteries.   Therefore the opposite party is also to pay a sum of Rs.5,000/- towards compensation for mental agony and a sum of Rs.5000/- as cost to the complainant.  However the complainant is not entitled for refund of cost of batteris.  Thus the points 1 & 2 are answered accordingly. 

  In the result, the complaint is allowed in part.   Accordingly the  opposite party is directed to return the  complaint mentioned six batteries after duly rectifying the defects  without imposing any charges and also pay a sum of Rs.5,000/- (Rupees five thousand only) as compensation for mental agony and hardship due to deficiency of service on the part of opposite party and also to pay a sum of Rs.5000/- (Rupees Five Thousand only) towards cost to the complainant. 

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a till the date of payment.

              Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  15^th  day  of  February  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-  8.7.2015   - Copy of Annual maintenance contract invoice.

Ex.A2- 01.10.2013         - Copy of Delivery challan cum invoice.

Opposite party’s side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.