Haryana

Yamunanagar

CC/88/2015

M/s Shri Gauri Shankar Amarnath - Complainant(s)

Versus

Shri Jatender Luthrs - Opp.Party(s)

Dhan Parkash Garg

30 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                     Complaint No… 88  of 2015.

                                                                                    Date of institution: 17.03.2015.

                                                                                     Date of decision: 30.05.2016.

M/s Shri Gauri Shankar Amarnath through its Cashier Sh. Rajeev Bansal son of Shri Sushil Bansal, resident of near Honian Mandir, Pansari Bazar, Jagadhri, District Yamuna Nagar.

                                                                                                           …Complainant.

                                    Versus

 

1. Shri Jatender Luthra, Proprietor of Krishna Enterprises, 572/2, Roop Nagar Colony, Jagadhri, District Yamuna Nagar.
2. Exide Industries Ltd. having registered office at 59 E, Chowringhee Road, Kolkata-700020.      

 

                                                                                                         …Respondents.  

                       

CORAM:         SH. ASHOK KUMAR GARG PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Sh. Dhan Parkash Garg, Advocate, counsel for complainant.   

                Sh. P.K.Sharma, Advocate, counsel for respondent No.1.

                Respondent No.2 ex-parte.           

             

 

ORDER

 

1.                     Complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 praying therein that the OPs be directed to replace the battery in question with new one or in the alternative to make the cost of battery of Rs. 10500/- and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant M/s Gauri Shankar Amarnath is engaged in religious and charitable activities having its office at Raja Chowk Jagadhri and the complainant is going to file the present complaint being casher of the charitable trust. The complainant purchased the Exide INVA Queen 500+ battery from OP No.1 vide Bill No. 0133 dated 09.06.2013 for a sum of Rs. 10,500/- at the time of purchasing of the said battery, the OP No.1 had assured to the complainant that battery in question was having warranty of two (2) years. The said battery was installed in the office of complainant but al of sudden it stopped working. Even, the battery neither got charged nor supplied the electricity current in the event of electricity failure about 2 months back. On this complainant visited so many times to the OP No.1 and requested for replacement of battery or refund the cost of battery but all in vain. Hence, this complaint. In support of his complaint, counsel for complainant has tendered affidavit of complainant as Annexure CW/A and documents such as Photo copy of bill dated 09.06.2013 as Annexure C-1, Photo copy of guarantee card as Annexure C-2, Photo copy of legal notice dated 04.10.2014 as Annexure C-3 and postal receipt as Annexure C-4 and closed the evidence on behalf of complainant. 

3.                     Upon notice, OP No.1 appeared and filed its written statement  but OP No.2 failed to appear despite service, hence he was proceeded ex-parte vide order dated 02.07.2015.  The OP No.1 filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi, complainant has concealed the true and material facts and the true facts are that OP No.1 is agent of Op No.2 and the total responsibility of any article or battery etc. is of manufacturer i.e. OP No.2, moreover, Sh. Shyam Lal being president of M/s Gauri Shankar Amarnath Chair Trust had approached the Op No.1 for purchasing the said battery. The said battery was having warranty of one year for any manufacturing defect. The said Sh. Shyam Lal never approached to complaint about any defect in the said purchased battery to OP No.1 under the warranty period and even up to date and due to that OP No1 could not have taken any effective measure and also could not get technical report. It has been further stated that complainant is wrongly representing himself as purchaser of the said battery. On merit, reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint as the claim of the complainant was out of warranty. Counsel for the OP No.1 tendered into evidence short affidavit of Jitender Luthra as Annexure RW/A and documents such as Photo copy of bill as Annexure R-1 and closed the evidence on behalf of OP No.1.  

4.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

5.                     The only version of the complainant is that he purchased the battery in question become out of order within a period of two (2) years from the date of purchase, so, the complainant is entitled to get the replacement of the battery in question.

 6.                    On the other hand, counsel for the OP No.1 argued that there is no deficiency in service or unfair trade practice on the part of OPs. At the time of selling the battery in question vide Bill No.0133 dated 09.06.2013 (Annexure R-1), it has been specifically told to the complainant that battery in question was having one year warranty and this fact was also written on the bill dated 09.06.2013 itself and bears the signatures of the then President Sh. Shyam Lal.

7.                      During the course of arguments, counsel for the OP No.1 placed on file original copy of bill and original warranty card related to the battery in question on the file. From the perusal of warranty card, it is clearly evident that the battery in question i.e. INVA QUEEN 500+ battery was having warranty of 24 months from the date of supply/purchase. As the complainant purchased the battery on 09.06.2013 and the present complaint has been filed on 17.03.2015 i.e. within a period of 1 year and 9 months. These facts were not denied by the OP No.1 in his written statement. The version of the complainant is duly supported by his affidavit as well as warranty card Annexure C-2 whereas the OP No.1 has neither bothered  to file any evidence to rebut the version of the complainant except his affidavit Annexure RW/A. Even the Op No.1 has not denied the fact that complainant never lodged any complaint with him. Moreover, the complainant has fully proved his case and the version of the complainant goes unrebutted evidence. Hence we are of the confirmed view that OPs have failed to prove that the battery was not defective and could not provide proper services to the complainant and thus OPs are guilty of selling defective battery and there is deficiency in services to the complainant. Hence, in these circumstances we have no option except to allow the present complaint.

8.                     Resultantly, we partly allow the complaint of complainant and direct the OPs to replace the old battery in question with new one subject to receipt of old battery alongwith Rs. 2500/- as depreciation value of the old battery from the complainant. The complaint is decided accordingly in the above terms. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced:30.05.2016.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.