The case is filed by the Complainant alleging deficiency-in-service against Sk. Safiullah, Proprietor of M/s. Safiullah Battery house of Chandipur Road, P.O-Sunhat, Dist- Balalsore (O.P No.1) & Managing Director, SU-KAM Power system Ltd., Regd. Office- Kirti Deep Building, Nangal Raya, Near Lajwanti Garden, New Delhi (O.P No.2). 

                         Petitioner’s case, in brief, is that the Complainant had purchased one inverter of Sukam Company bearing Model No.600VA (Falcon) Vide Sl. No.00208A11990405120177 along with battery (Power King) bearing Model No. IT 150 vide Sl. No. PID 141511 from the farm of O.P No.1 on 08.11.2014 & paid Rs.4,000/- (Rupees Four thousand) only for inverter & Rs.13,200/- (Rupees Thirteen thousand two hundred) only for battery in total sum of Rs.17,200/- and obtained bill/money receipt    and warranty booklet. The said inverter and battery got burnt and damaged, while the Complainant used the same. The Complainant was provided with warranty booklet covering warranty period mentioned therein. The Complainant visited the farm of O.P No.1 several times & requested to replace the same but the O.P No.1 played a deaf ear of the Complainant’s request and at last denied to replace the same to the Complainant. Both the O.Ps whimsically & intentionally supplied with outdated and damaged inverter and battery to the Complainant with a purpose of harassing & cheating him & put him into financial loss. The Complainant never violated the terms & conditions which is mentioned in the warranty card. Thereafter the Complainant had sent a legal notice through his Advocate on 20.11.2014 to O.P No.1 for replacement of the inverter & the battery within 15 days of receipt of the said legal notice by O.P No.1. But, due to non-replacement of inverter & battery by O.Ps, the Complainant sustained irreparable loss & suffered from lots of problem & mental agony. Hence, the Complainant’s prayer for to direct the Ops for replacement of inverter & battery.

                         On receipt of the summons the Advocate on behalf of O.P.No.1 filed a time petition on 20.04.2015 for filling written version within two months. But, the Advocate on behalf of O.P.No.1 is absent from 02.06.2015 till date & has not taken any steps in the matter. O.P No.2 has not turned up in the case personally or through his Advocate. SR not back from O.P No.2, but the notice was sent through Regd. Post with AD on 13.01.2015. Sufficient time is given to O.Ps for filing of written version. In the above circumstances, the O.Ps are set ex-parte vide Order No.7, dt. 27.07.2015.

                         On review of the complainant’s petition along with the documents filed by the Advocate on behalf of the Complainant, we observe that, the Complainant had purchased one inverter of Sukum company bearing Model No.600VA (Falcon) and Sl. No.00208A11990405120177 along with battery (Power King) bearing Model No. IT 150 & Sl. No. PID 141511 from the O.P No.1 on 08.11.2014 & paid Rs.17,200/-(Rupees Seventeen  thousand two hundred) only vide quotation No.109 (TIN-21111509549) & obtained warranty booklet also. After purchase of the inverter and battery, when the Complainant used them, the said inverter & battery got burnt & damaged. The above said battery is within the warranty period as free replacement provision is there for all models and battery i.e. within 0-18 months. The battery is burnt while installed by the Complainant. In case of Sukam inverter purchased by the Complainant burnt & damaged, one field service report was conducted by the Company Engineer on 01.12.2014, where problem reported by the Complainant such as inverter front panel & battery cable, AC cord burnt. There is no comment by the Engineer & FSR status “Pending”. There is no solution arrived for burnt & damaged inverter & the loss sustained by the Complainant, which legally termed as deficiency-in-service by the O.P No.1. Hence, the order:-

                                                         O R D E R

                         Having regards to our judgment reflected above, the Complainant is allowed with direction to O.P No.1 & 2 for replacement of battery & inverter of same brand & same model to the Complainant within 30 (thirty) days from the date of receipt of this order.

                         Parties are advised to bear their own cost of litigation.

                         Ex-parte order Pronounced in the Open Forum this day the 30th day of June, 2016 given under my Signature & Seal of the Forum.