Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 369.
Instituted on : 07.08.2018.
Decided on : 28.01.2019.
Suresh son of Umed Singh resident of village and post office Bohar, Tehsil and Distt. Rohtak.
.......................Complainant.
Vs.
- Shri Gurunanak Auto Ind. Corp., Opp. HDFC Bank, Model Town, Delhi Road, Rohtak through its Proprietor.
- Luminous power, Technologies Private Ltd. Plot No.150, Sector-44, Gurugram, Haryana, through its Managing Director/Authorized person.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT.SAROJ BALA BOHRA, MEMBER
Present: Sh. Suresh Nandal, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant has purchased an Inverter Luminous 150A VA alongwith two batteries from the respondent no.1 and paid Rs.5900/- for inverter and Rs.21000/- for batteries vide bill no.8888(wrongly mentioned as 5900) dated 06.09.2016. That respondent no.1 is the retailer and respondent no.2 is manufacturer of the same. That under the warranty period, said inverter has become defective and was having various problems. That complainant made a complaint to the OP no.1 and the mechanic of the authorized service centre inspected the defective Inverter and said that the defect is not removable as it seems manufacturing defect therein. That complainant also made complaints on 20.06.2018, 28.07.2018 and 31.07.2018 but the same was returned on 2.8.2018 without removing the defect. That complainant requested the opposite parties to replace the Inverter with new one or to return the amount but to no effect. That the act of opposite parties is illegal and there is deficiency in service on the part of OPs. As such, it is prayed that opposite parties may kindly be directed to replace the aforesaid inverter in question with new one or to return the price thereof alongwith interest, compensation and litigation expenses as explained in relief clause..
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to OP No.1 received back served and notice sent to OP No.2 through registered post not received back with either served or unserved. As such OP no.1 vide order dated 28.09.2018 and OP No.2 vide order dated 12.11.2018 of this Forum were proceeded against exparte respectively.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C2 to Ex.C4 and closed his evidence on dated 11.01.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that as per copy of bill placed on record as Ex.C2, complainant had purchased the inverter with batteries on 06.09.2016. As per warranty Card Ex.C3 there was warranty of 2 years on the inverter. As per copy of job sheet Ex.C4 dated 31.07.2018, there was defect in the alleged inerter and the same was not working. As per the complaint and affidavit filed by the complainant, he also made complaints on 20.06.2018, 28.07.2018 to the OPs but neither the defect has been removed fully nor the inverter has been replaced by the OPs despite his repeated requests. The complainant also visited the authorized service centre on 02.08.2018 but the opposite party returned the Inverter without removing the defect. On the other hand, opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding not removing the defect of Inverter stands proved. Hence there is deficiency in service on the part of opposite parties and they are liable to replace the Inverter in question.
6. In view of the facts and circumstances of the case, complaint is allowed and opposite party No.1 & 2 are directed to replace the Inverter in question of the complainant with a new one within one month from the date of decision. However, complainant is directed to hand over the Inverter in question to the opposite parties at the time of replacement.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
28.01.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
……………………………….
Saroj Bala Bohra, Member
