Date of Filing : 01.06.2010
Date of Order : 11.04.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.224/2010
MONDAY THIS 11TH DAY OF APRIL 2016
Mr. D.S.Krishnamoorthy,
No.8/15, LIC Colony,
East Tambaram,
Chennai 600 059. ..Complainant
..Vs..
1. Su-Kam Power Systems Ltd.,
Corporate office,
Rep. by its Manager,
Plot No.54, Udyog Vihar,
Phase VI, Sector – 37,
Gurgaon 122 001,
Haryana.
2. Su-Kam Power Systems Ltd.,
KJP Marriage Auditorium,
Rep. by its Manager,
37/182, Mount Poonamallee,
R.A.Puram,
Chennai 600 116.
3. The Classic Power Batteries,
Rep. by Manager,
119, Kaliamman Koil Street,
Virugambakkam,
Chennai 600 092. ..Opposite parties
For the Complainant : M/s. P. Deenadayalan & another
For the Opposite parties 1 & 3 : Exparte.
For the opposite party-2 : M/s. N. Kavitha & another
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties refund of the cost of the inverter and the battery and also the service charge of Rs.200/- paid by the complainant with compensation of Rs.3,10,100/- on different heads.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The complainant states that he has purchased invertor with battery from the 3rd opposite party for Rs.13,900/- on 08.05.2008, and the same was delivered on the same day to the complainant by the 3rd opposite party. The opposite parties 1 and 2 are the manufactures of the said inverter and the said batteries, the warranty card for the inverter was also issued. The complainant has stated that within four months from the date of purchase and installation the said inverter failed to function on account of manufacturing defect of the battery as power inverter did not get charge, the battery attached to the inverter was found not properly functioning, on the report made by the complainant the 3rd opposite party technicians have attended the said repair, since, the charging of battery is not proper, in order to rectify the said repair of the battery, they replaced one substitute of battery and taken away the original battery for repair on 13.08.2009, and have collected Rs.200/- for service charge. After that despite of several demand made by the complainant, the 3rd opposite party neither replaced the battery nor attended the repair work, as such the very purpose of purchase and installation of the inverter by the complaintant was became waste, within the warranty period i.e 2 years the said inverter not functioning properly and the 3rd opposite party’s technicians were attended the said work on 13.08.2009 have not returned back to attend the said work and made the inverter to work proper. The complainant also sent a registered notice dated 12.09.2009 to the 2nd and 3rd opposite parties. The complainant further state that even after the receipt of the said notice they neither rectified the defects nor replied for the same. As such the opposite parties have committed deficiency of service which caused mental agony and hardship to the complainant. As such the complainant has sought for claiming refund of the cost of the inverter and the battery and also the service charge of Rs.200/- paid by the complainant with compensation of Rs. 3,10,100/- on different heads. Hence the complaint.
2. Even after receipt of the notice from this forum in this proceeding, the opposite parties 1 & 3 did not appear before this Forum and did not file any written version. Hence the 1st opposite party was set exparte on 2.9.2010 &. 3rd opposite party was set exparte on.5.1.2011
Written Version of 2nd opposite party is in briefly as follows:
3. The opposite parties denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The 2nd opposite party submit that the complaint mentioned repair said to have been occurred on 12.08.2009 was reported and attended by the 3rd opposite party on 13.08.2009, as it was out of warranty period for the batteries i.e one year warranty period. As far as inverter is concerned there is no allegation is suffered by the manufacturing defect by the complainant, since the inverter is concerned with electrical equipment, the defect occurred may be due to several aspect such as supply of fluctuation of electricity and improper maintenance etc., that too out of date of warranty period as such the opposite parties are not liable for the said defect and there is no deficiency of service on the part of opposite parties and the claim made by the opposite parties is to be dismissed.
4. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A8 were marked on the side of the complainant. Proof affidavit of 2nd Opposite party not filed and no document was marked on the side of the 2nd opposite party.
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to the reliefs sought for?.
6. POINTS 1 to 2 : -
Perused the complaint filed by the complainant, the written version filed by the 2nd opposite party, proof affidavits filed by the complainant, and the documents Ex.A1 to Ex.A8 filed on the side of complainant and also considered the arguments of the complainant and the 2nd opposite party.
7. Considering the both side case there is no dispute that the complainant has purchased invertor with battery from the 3rd opposite party for Rs.13,900/- as per Invoice Ex.A1 dated 8.5.2008, and the same was delivered on the same day to the complainant by the 3rd opposite party as per the delivery challan Ex.A2. The opposite parties 1 and 2 are the manufactures of the said inverter and the said batteries, the warranty card for the inverter and the battery is Ex.A3 series.
8. The complainant has stated that within the four months from the date of purchase and installation of the said inverter failed to function on account of manufacturing defect of the battery as power inverter did not get charge, the battery attached to the inverter was found not properly functioning, on the report made by the complainant the 3rd opposite party technicians have attended the said repair, since, the charging of battery is not proper, in order to rectify the said repair of the battery, they replaced one substitute of battery and taken away the original battery for repair on 13.08.2009, and have collected Rs.200/- for service charge. The maintenance report filed as Ex.A4. After that despite of several demand made by the complainant, the 3rd opposite party neither replaced the battery nor attended the repair work, as such the very purpose of purchase and installation of the inverter by the complainant was became waste, within the warranty period i.e 2 years the said inverter not functioning properly and the 3rd opposite party’s technicians were attended the said work on 13.08.2009 have not returned back to attend the said work and made the inverter to work proper. The complainant also sent a registered notice dated 12.09.2009 to the 2nd and 3rd opposite parties. The copy of the notice filed as Ex.A5 and the postal acknowledgement for the receipt of the same is filed as Ex.A7 and Ex.A8, the complainant further state that even after the receipt of the said notice they neither rectified the defects nor replied for the same, as such opposite parties have committed deficiency of service. The complainant has filed this complaint claiming refund of the cost of the inverter and the battery and also the service charge of Rs.200/- paid by the complainant with compensation of Rs.3,10,100/- on different heads.
9. Whereas the 1 and 3rd opposite parties have remained exparte after receipt of the notice in this proceedings.
10. The 2nd opposite party have filed written version, resisting the said complaint by stating that the complaint mentioned repair said to have been occurred on 12.08.2009 was reported and attended by the 3rd opposite party on 13.08.2009, as it was out of warranty period for the batteries i.e one year warranty period. As far as inverter is concerned there is no allegation is suffered by the manufacturing defect by the complainant, since the inverter is concerned with electrical equipment, the defect occurred may be due to several aspect such as supply of fluctuation of electricity and improper maintenance etc., that too out of date of warranty period as such the opposite parties are not liable for the said defect and there is no deficiency of service on the part of opposite parties and the claim made by the opposite parties is to be dismissed.
11. Though the above said contention raised by the 2nd opposite party in his written version, the 2nd opposite party has not filed any proof affidavit in support of the said contention and no documents were filed in this proceedings.
12. However considering the copies of the warranty card for the inverter as well as battery filed on the side of complainant as Ex.A3 it is found that warranty for the inverter is for 2 years and warranty for the battery is for 1 year.
13. As per the averment in the complaint by the complainant that 4 months from the date of purchase of the inverter, it was failed to function on account of manufacturing defect of the battery as power inverter did not get charged. But there is no proof, the complainant has not filed any proof for the above said contention that the said battery was failed to function within 4 months from the date of purchase. However the Ex.A4 maintenance report said to have been given by 3rd opposite party the attendance for the repair work attended is of the repair dated 13.08.2009 only. Therefore as contended by the 2nd opposite party the said complaint mentioned repair of inverter due to failure of battery function was appeared to happen only in or around 13.08.2009. Therefore as mentioned above the warranty for the battery is for only one year, from the date of purchase. The battery was purchased and installed on 08.05.2008 and it was found repair of not properly functioning/charging and was attended by the 3rd opposite party technicians on 13.08.2009. Therefore considering the said date of battery found defective functioning is out of warranty period as contended by the 2nd opposite party is acceptable. Apart from that there is no specific allegations or proof for the manufacturing defect of the inverter on the side of complainant as contended by the opposite parties. Therefore as contended by the 2nd opposite party the complaint mentioned proper functioning of the battery of the inverter depends upon different aspect such as proper maintenance and the supply of electricity. As such due to such defects the said device may suffer repair, since such alleged repair said to have happened in the month August 2009 which is after the expiry of the warranty period of one year i.e date of purchase /date of installation i.e. 08.05.2008, the complaint filed against the opposite parties is not maintainable is acceptable.
14. Therefore we are of the considered view that the complainant has miserable failed to establish and to prove that complaint mentioned battery of the inverter was suffered by manufacturing defect and the deficiency of service alleged against the opposite parties, as such complainant is not entitled for any relief against opposite parties as claimed in the complaint, and the complaint is liable to be dismissed. Considering the facts and circumstances of the case the parties are to bear their own costs. Accordingly the points 1 and 2 are answered against complainant.
In the result, this complaint is dismissed. No costs.
Dictated directly by the President to the Assistant, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11th day of April 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 8.5.2008 - Copy of Invoice number 380 for Rs.13,900/-
Ex.A2- 8.5.2008 - Copy of Delivery Challan
Ex.A3- 8.5.2008 - Copy of Warranty card.
Ex.A4- 13.8.2009 - Copy of Maintenance Report.
Ex.A5- 12.11.2009 - Copy of Registered notice.
Ex.A6- - - Copy of Postal Ack. Card.
Ex.A7- 30.1.1.2009 – Copy of Postal Ack. Card.
Ex.A8- 30.11.2009 - Copy of Postal Ack. card.
Opposite parties’ Exhibits:-
.. Nil ..
MEMBER-I MEMBER-II PRESIDENT.
