DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 30^th day of June 2023

​C.C.272/2017

Complainant

            Niranj Maviladath

S/o. Raveendran (Late)

            “Smarana”

Maviladath House,

            Bilathikulam,

Kozhikode-673 011.

Opposite Parties

1. The Manager

          JHL Trading LLP,

          Highway Gardens,                                                               –           Deleted as per Order dated 27/11/2018 in IA 360/18

          Chungam, Ferook,

          Calicut – 673 632.

2. The Manager

JHL Trading LLp,

Head Office No.33/94B,

Kuttoth Complex,

Pukkattupady Road, Toll Junction,

Edappally – P.O,

Cochin – 682 024.

3. Director

          Romai Electric Vehicles Pvt Ltd,

          5/42, NH 47, Eramallor,

          Alapuzha – 688 537.

4. Managing Partner

JHL Trading LLP,

Usha Krishnan Arcade,

Near Kanakalaya Bank,

Kannur Road,

Calicut – 673 005.

5. Victory Ride

Near Corporation Office,

Beach Road,

Calicut – 673 032.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2.  The case of the complainant, in brief, is as follows:

On 25-08-2016 the complainant purchased a battery for his electric scooter paying Rs.8,300/- from JHL Trading LLP. There was warranty for one year replacement for the battery. Within one year of the purchase, the battery developed complaints and the same was informed to the opposite parties. As instructed by them, the complainant entrusted the battery for service to the 4^th opposite party on 24-05-2017. It was assured that the battery would be replaced within 10 days. But the replacement did not take place as promised and they dragged the matter stating lame excuses. The battery sold to him was a substandard one and it was not fit for use. Hence the complaint to direct the opposite parties to replace the battery with a new one, along with compensation.

3. The first opposite party was removed from the party array as per order dated 27-11-2018 in IA 360/2018. All other opposite parties were set ex-parte.

4. The points that arise for determination in this complaint are :

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5. Evidence in this case was recorded by our learned –predecessors in- office which consists of the oral evidence of PW1 and Exts A1 to A3.

6. Heard.

7. Point No.1– The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite parties. The specific allegation is that the battery purchased by him became defective during the warranty period and the opposite parties failed to replace the same as promised.

8. PW1 is none other than the complainant, who has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 25-08-2016 for having purchased the battery, Ext. A2 is the copy of the warranty registration form and Ext.A3 is the copy of the receipt dated 24-05-2017 for having received the battery for service warranty.  

9.     The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3. The opposite parties are bound to replace the product with a new one or refund the price to the complainant. It goes without saying that the act of the opposite parties has resulted in mental agony, hardship and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.2,000/- will be reasonable compensation in this case.

10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 272/2017 is allowed in part.  
2. The opposite parties are hereby directed to replace the battery sold to the complainant as per Ext.A1 with a new one or in the alternative, refund Rs.8,300/- to the complainant, being the price, after taking back the product.
3. The opposite party is directed to pay a sum of Rs.2,000/- (Rupees two thousand only) as compensation to the complainant for the mental and hardship suffered.
4. The order shall be complied with within 30 days of the receipt of copy of this order.
5. No order as to costs.

Pronounced in open Commission on this the 30^th day of June 2023.

Date of Filing: 25-07-2017.

                  Sd/-                                                                 Sd/-                                                                  Sd/-

          PRESIDENT                                                   MEMBER                                                         MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the tax invoice dated 25-08-2016 for having purchased the battery.

Ext. A2 - Copy of the warranty registration form.

Ext.A3 - Copy of the receipt dated 24-05-2017 for having received the battery for service warranty.

Exhibits for the Opposite Parties:

Nil.

Witnesses for the Complainant

PW1 -Niranj Maviladath (Complainant).

Witnesses for the opposite parties

Nil.

​                      Sd/-                                                                Sd/-                                                       Sd/-

             PRESIDENT                                                   MEMBER                                              MEMBER

                                                               True Copy,

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                                                   Assistant Registrar.