Orissa

Cuttak

CC/103/2016

Chandan Kumar Sahoo - Complainant(s)

Versus

Proprietor,Amareswar Enterprises - Opp.Party(s)

H K Mallick

22 Sep 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.103/2016

 

Chandan Kumar Sahoo,

At:Thoria Sahi,PO:Buxibazar,

P.S:Mangalabag,Town/Dist:Cuttack.                                                  .… Complainant.

 

Vrs.

1.         Proprietor,Amareswar Enterprises,

At:Mani Sahoo Chhak,PO:Buxibazar,P.S:Mangalabag,Town/Dist:Cuttack

 

 

2.        Authorized Distributor,

Sukam Power System Ltd.,

Plot No.389,Bomikhal,

Infront of Santoshi Mata Mandir,

Cuttack Puri Road,Bhubaneswsar-751010.                                         … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    16.08.2016

Date of Order:  22.09.2017

 

For the complainant:             Sri H.K.Mallick,Adv. & Associates.

For the O.P. No.1  :                  Sri S.K.Das,Adv. & Associates.

For the O.P No.2:                      None.             

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of her grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant purchased one Sukam 150 AH Lead Cell battery BRI 150AH0230/A52212407120667 on 26.03.2014 from Amareswar Enterprises, Mani  Sahoo  Chhack,Buxibazar,Cutack, the O.P No.1.  The cost of the battery was Rs.9000/- and O.P No.1 issued sale retail invoice along with warranty card of SUKAM battery vide Anenxure-1 series.  The complainant has owned an Electric Mechanic Shop and he has purchased the above battery for his shop wherein the complainant is doing repairing of various electrical instruments.  After completion of one year, the complainant noticed that the battery did not function properly for which the complainant lodged a complaint before the O.P No.1 who is the authorized dealer of SUKUM battery.  The dealer forwarded the complaint   to the O.P No.2.  thereafter the mechanic of O.P No.2 took the battery from the shop of the complainant  and after checking the same returned to the complainant on 29.11.2015 vide delivery challan no.7319 dt.29.11.2015 vide Annexure-2.  The complainant further noticed that the battery is not functioning properly for which he lodged a complaint again before the O.P No.1 bearing complaint no.62081 dt.17.2.16,F.S.R No.16023928916 who is the authorized dealer of SUKAM batter and the dealer forwarded the complaint to the O.P No.2.  The O.P No.2 sent his service engineer to inspect the defective battery and gave field service report by observing that the battery has been sold 20 months late for which backup problem arises (copy annexed) vide Annexure-3.  After getting the report of the mechanical engineer, the complainant issued legal notice through his advocate to replace the battery with cost as the warranty card reflected the date of manufacture of battery.  The battery was sold to the complainant on 26.3.14 that after the expiry period.(The copy of the notice and its reply annexed as Annexure-4).
2. The O.ps neither appeared nor filed their written version.
3. We have heard the complainant at length and went through the documents and papers filed by the complainant.  From the documents submitted by the complainant, it is found that the complainant purchased a battery and defects were found within the warranty period he approached the O.Ps but the O.Ps neither rectified the defect nor replaced the defective battery which amounts to deficiency in service.  The O.P No.1 being the dealer of the O.P.2, both are jointly liable for the deficiency in service and mental agony sustained by the petitioner. The O.Ps have sold a battery to the complainant after 20 months from the date of manufacturing for which the O.ps have avoided the warranty terms.  Since as per warranty terms the said battery was sold to the complainant on 26.03.2014 and the warranty period was for 25 to 30 months from date of purchase, the complaint regarding the battery was lodged within the warranty period.  Hence the O.ps are responsible for the lapses.  The O.Ps cannot take a plea that the battery was manufactured earlier for which it would not be covered under warranty since they have sold the battery after to the complainant 20 months of the manufacturing of the battery.  The O.ps are found deficient in service.

ORDER

The O.Ps will refund a sum of Rs.9000/- towards cost of battery.  O.Ps will also pay a sum of Rs.8000/- as compensation towards mental agony and also a further sum of Rs.4000/- towards cost of litigation.  The all above noted payment shall be made to the complainant within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as peer C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 22^nd day of September,2017 under the seal and signature of this Forum.

                                                                                                                             (Smt. Sarmistha Nath)  

                                                                                                                   Member(W).

                                                                                                                                 (  Sri D.C.Barik )

                                                                                                                                        President.

 

                                    (Sri B.N.Tripathy )

                                                                                                                                             Member.