Haryana

Ambala

CC/66/2018

Karnail Singh Saini - Complainant(s)

Versus

Saini Stabilizer & Invertor - Opp.Party(s)

Keshav Sharma

27 May 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  66 of 2018

                                                          Date of Institution         :  27.02.2018

                                                          Date of decision   :  27.05.2019

 

 

Karnail  Singh Saini S/o Sh. Nathu Ram, resident of Village Dehar, Tehsil Naraingarh, District Ambala.

 

……. Complainant.

                                                          Vs.

 

1.       Saini Stabilizer & Inverter, Near Lotton Chungi, Naraingarh, Ambala.

2.       Luminous Power  Technologies Pvt. Ltd. Corporate Office, Plot No.150, Sector-44, Gurugaon, Haryana.

 

.…. Opposite Parties

  

 

Complaint Under Section 12 of the Consumer Protection Act

 

 

Coram:       Ms. Neena Sandhu, President

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

.

                            

Present:       Sh. Keshav Sharma, Advocate, counsel for complainant.

OP No.2 ex parte v.o.d. 16.04.2018

OP No.1 ex parte v.o.d. 08.04.2019.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to them:-

1. To replace the battery of the inverter with a new one or to return its price alongwith interest @ 18% p.a. till its realization.
2. To pay of Rs.50,000/- as compensation for mental agony and physical harassment. 
3. To pay Rs.11,000/- as cost of litigations.

Or

any other relief whichthis Hon’ble Forum may deemfit.

 

 

The brief facts of the complaint are that the complainant purchased  a Microtek inverter and Battery (TEZ) of Luminous TST 1830 12-150 AH F5H263F1021586  from OP No.1 vide invoice no.815 dated 22.09.2016 value of Rs.14,300/-(Microtek UPS Rs.3,500/- and Battery Luminous Rs.10,800/-). On 24.09.2017 all of sudden in the early morning about 5.00AM, the battery was blasted with a heavy sound and caused financial loss to the complainant by burning all the valuable clothes and other household  articles lying  in the area  where the battery was installed. After the incident, the complainant reported the matter to the OP No.1 and asked to replace the battery with a new one as the same is within warranty period. The OP No.1 told the complainant to report the matter to the OP No.2 being its manufacturer and the complainant informed to OP No.2. Upon this, the representative sent by OP No.2 came at the house of the complainant and after inspection, told the complainant that nothing can be done at their end and the battery cannot be replaced. Thereafter, the legal notice dated 15.01.2018 served upon the OPs but the OPs did not reply the same. Due to this act of the Op, the complainant has suffered a lot of mental agony and physical harassment and financial loss. Hence, the present complaint.

2.                Upon admission of the complaint, notices were sent to the Ops through registered post. None have appeared on behalf of OPs. OP No.1 proceeded against ex-parte vide order dated 08.04.2019 and OP No.2 was also proceeded against ex-parte vide order dated 16.04.2018.

3.                To prove his version complainant tendered affidavit as Annexure C-A along with documents as annexure C-1 to C-7 and closed the evidence.

4.                We have heard counsel for the complainant and carefully gone through the case file.

5.                It is not disputed that the complainant had purchased a MicroTek Inverter and Battery (TEZ) of Luminous TST 1830 12-150 AH F5H263F1021586 from OP No.1 vide invoice no.815 dated 22.09.2016 value of Rs.14,300/-. In the present case, the OPs failed to appear before this Forum and they were proceeded against ex-parte. The contents enumerated in the complaint remained un-rebutted.

During the course of argument, the counsel for the complainant stated that after ex-parte orders passed against the OPs, the OP No.2 has replaced the battery of inverter of the complainant on its own. The counsel for the complainant has suffered a statement to this effect. He restricted the claim with regard to grant of compensation and cost of litigation. We are of the view that complainant is entitled for the compensation and cost of litigation.

6.               In view of the aforesaid discussion, we partly allow the present complaint and direct the OPs in the following manner:-

1. To pay Rs.3,000/- on account of physical harassment and mental agony.
2. To pay Rs. 2,000/- as litigations expenses.

 

The Ops are further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :27.05.2019

 

 

 

 

          (Vinod Kumar Sharma)   (Ruby Sharma)        (Neena Sandhu)

              Member                        Member                 President