ORDER PARAMJIT SINGH, PRESIDENT 1. Brief facts of the present complaint are that complainant had purchased Luminous UPS and Delight Battery from opposite party on 18/7/2008 and it is alleged that it was of poor quality.. Complainant made several complaints to the opposite parties to repair or replace the same within warranty period of two years. But they failed to do so. Hence this complaint. 2. Notice of the complaint was given to the opposite party who appeared through Sh.Suresh Chopra Advocate on 18/3/2010
-2- and the case was adjourned to 31/3/2010 for filing written statement. But on 31/3/2010, case was called several times but neither opposite party nor its counsel appeared, so the defence of the opposite party was struck off. 3. Complainant closed his evidence by tendering affidavit Ex.CA and two documents i.e. copy of bill Ex.C1 and copy of warranty card Ex.C2 4. In the affidavit complainant reiterated the facts as mentioned in the complaint. Complaint is supported by bill Ex.C1 vide which he had purchased Luminous UPS and Delight Battery from opposite party on 18/7/2008 for Rs.12500/-. Ex.C2 is the warranty card issued by the opposite party The evidence of the complainant remained unrebutted and unchallenged as the defence of the opposite party was struck off vide order dated 31/3/2010. The opposite party is directed to fulfill the conditions mentioned in the warranty registration Form Ex.C2. 5. On 18.7.2008 when the complainant purchased this battery, he was given two year warranty on the battery. As per the complainant, the opposite party supply him a battery of poor quality and the complainant was compelled to complain to the opposite party regarding poor functioning of the battery and the opposite party has not been providing him service to rectify the defect in the battery and when the opposite party totally refused to rectify the same, the complaint. 6. The opposite party has not filed any written statement and nor rebutted the allegations of the complainant leveled in the
-3- complaint as well as in his affidavit Ex.CA. The opposite party never take any action to repair or replace this defective battery within warranty period of two years. 7 So we accept the complaint and direct the opposite party to refund Rs.10,000/- out of the total costs of Rs.12,500/- to the complainant after deducting depreciation charges to the tune of Rs.2500/- from the cost of battery. The complainant is directed to return defective battery to the opposite party after receiving a payment of Rs.10,000/- from the opposite party. We further direct the opposite party to pay to the complainant a sum of Rs.1000/- on account of mental tension and harassment, besides Rs.500/- as costs of the litigation. The above directions be complied with by the parties within one month from the receipt of copy of this order. Copy of the Order be sent to the parties free of costs through registered post without any delay. File be consigned to the record room. Dated: Gulshan Prashar Paramjit Singh 06.04.2009 Member President
| | Gulshan Prashar, Member | Paramjeet singh Rai, PRESIDENT | , | | 
