West Bengal

Birbhum

CC/99/2015

Alamgir SK, S/O Ajab Noor SK - Complainant(s)

Versus

Prop, Chatterjee Filing Station - Opp.Party(s)

Pradip Kr Ghosh

02 Sep 2022

ORDER

Shri Sudip Majumder . Member.

            The complainant files this case U/S 12 of the Consumer Protection Act, 1986. The fact of the case in brief is that the complainant/petitioner purchased an Exide Battery, type MHD-1500, Manufacture No. 3B33, serial No. A3B3A002939 from OP No. 1 on 24/03/2013 amounting of Rs. 11,500/- (including VAT) for his livelihood purpose. The warranty period of the said Battery mentioned above was for 24 months and within the said warranty period the battery in question become out of order then the complainant requested the OP No. 1 to replacement of the Battery vide Receipt No. 1676 dated 17/02/2015 and OP No. 1 did not take any step. Further, the complainant serve notice though Registered Post with A/D to both the Ops on 05/05/2015 and the same were duly received by the Ops. The battery in question is defective and the complainant is entitled to replace the said defective Battery by new defect free Battery as the same is under warranty period but they failed and neglect to replace the same.

            Hence, this case filed by the complainant with a prayer to get the consideration money of the Battery of Rs. 11, 500/- along with compensation of Rs. 10,000/- and litigation cost of Rs. 5000/- and other relief.

It appears from case record that none appears from OP sides before this District Commission after

receiving the notice. OPs have not taken any steps. No written version has yet been filed by the OPs. As a result of that vide order No. 05 dated 03/09/2015 and order No. 61 dated 11/03/2022 this Commission stated for running of the instant case exparte against the OP No. 1 and OP No. 2 respectively.

            Complainant’s side submitted evidence-in-chief and written notes on argument (W/N/A). Some documents have also been filed by the complainant herself and compare with original documents. Thereafter, Ld. Advocate for the complainant made oral argument in support of his case.

 

Points for determination/Issues

1.  Whether the complainant is a consumer as per definition of the term ‘Consumer’ of the C.P Act. ?
2. Whether this Commission has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the Ops?
4. Whether the complainant is entitled to get any other relief or reliefs as prayed for?

 Decision with reasons

Point No. 1:

            Evidently the complainant purchased an Exide Battery with a consideration of Rs. 11,500/- from OP No. 1 vide invoice No. 1320 dated 24/03/2013.

            Hence, the compliant is a Consumer U/S 2(1) (d) of the Consumer Protection Act, 1986.

Point No. 2:

            Pecuniary jurisdiction of the Forum as per Sec. 11(1) of the Consumer Protection Act, 1986

i.e. Rs. 20,00,000/. OP No. 1/ Prop, Chatterjee Filling Station situated at Lalkuthipara, P.O and P.S Suri, in Birbhum District i.e. within the territorial jurisdiction of the Forum/Commission as per Sec. 11(2) of the Consumer Protection Act, 1986. So, this Forum/Commission has territorial and pecuniary jurisdiction.

Point No. 3:

            It appears to us from the documentary evidence of the complainant that within the said warranty period the battery in question become out of order then the complainant requested the OP No. 1 to replacement of the Battery vide Receipt No. 1676 dated 17/02/2015 and OP No. 1 did not take any step. Further, the complainant serve notice though Registered Post with A/D to both the Ops on 05/05/2015 and the same were duly received by the Ops. The battery in question is defective and the complainant is entitled to replace the said defective Battery by new defect free Battery as the same is under warranty period but they failed and neglect to replace the same.

            Considering over all the matter into consideration and materials on records and we are constrained to hold that the complainant has been able to prove his case of deficiency in service by the Ops as they failed and neglect to replace the defective Battery by new defect free Battery. Defective battery supplied to the Complainant caused loss of earning for his livelihood.

Point No. 4:

            As in this case, it is proved that there is deficiency in service on the part of the OP members.

            Hence, the complainant is entitled to get relief or compensation as prayed for.

            Thus, all the points are decided in favour of the complainant.

            Complainant is sufficiently stamped and proved beyond all reasonable doubt.

 

 

 

• In Chengalrayan Cooperative Sugar Mills Vs. Oriental Insurance Co. Ltd. & Anr. (2000) 10 SCC 213 it was held that “Interest ought to have been awarded from the date on which the claim was filed before the Forum.”
• In Krishna Bhagya Jala Nigam Ltd. Vs. G. Harishchandra Reddy & Anr. (2007) 2 SCC 720 it was held that “Only 9% interest be awarded on refund matter.”

            In the instant case as per view of the Hon’ble Apex Court in several cases the interest will be given @ 9% p.a. from the date of filing of this case.

 

Hence, it is,

            O R D E R E D,

                                        that the instant C.F. Case No. 99/2015 be and same is allowed exparte against both the Ops with cost.

            The OP members are jointly/severally directed to pay Rs. 11,500/- (Eleven thousand five hundred only) as refund the value of Battery along with interest  thereon @ 9% per annum calculating on and from 14/07/2015 (i.e. from the date of filing of this case) to till realization. OP members are also directed jointly/severally to pay Rs. 5,000/- (Five thousand) to the complainant/petitioner for compensation as against mental agony and harassment to the complainant and Rs. 5,000/- (Five thousand) as cost of litigation to the complainant.

The entire decree will be complied by the O.P. members within 45 (Forty five) days from this date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.