BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Friday the 9th day of January, 2015
C.C.No.110/2014
Between:
Ramila Devi, W/o Roop Chand,
R/o 65/81-Fort,
Kurnool-518 002. …Complainant
-Vs-
1. The Proprietor,
Padmavathi Enterprises,
D.No.51-15, Shop No.7,
Varma Complex, Bellary Road,
Kurnool-518 003.
2. The Managing Director,
Exide Industries Limited,
59E, Chowringhee Road,
Kolkata-700 020. …OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri.P.Siva Sudarshan, Advocate for complainant and opposite parties 1 and 2 called absent and set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri.Y.Reddappa Reddy, President,)
C.C. No.110/2014
1. This complaint is filed under section 11 and 12 of Consumer Protection Act, 1986 praying:-
(a)To pass an order by directing the opposite parties jointly and severally to return the cost of the Inverter and the battery amount of Rs.16,400/- (11,500/- + 4,900/-) with interest at the rate of 24% from the date of purchase.
(b)To grant a sum of Rs.15,000/- towards the compensation for causing mental agony and hardship.
(c)To grant the cost of this complaint.
And
(d)To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstance of the case.
2. The facts of the complainant in brief run as follows:- The opposite party No.1 is the dealer cum distributor of the Invertors and Batteries. The opposite party No.2 is the Manufacturer. To avoid inconvenience and hardship due to power failure, on 21-06-2010 the complainant has purchased one Luminous 800 S.N. Inverter B2GLSP 108833 3Eo-83159 for Rs.4,900/- vide bill No.274 and Battery-Excide Mega In 1500 for Rs.11,500/- vide bill No.883 from the opposite party No.1. The warranty on the Exide Battery was 3 years. But within one month after purchase the said Battery and the Inverter started giving repeated troubles. They did not function properly. They did not provide power supply as promised by the opposite party No.1.
On 15-07-2010 the complainant lodged a complaint with opposite party No.1. Though he sent one mechanic, who attended could not repair completely, 8 months after the said problem once again the same problem repeated. After receiving the complaint again on 18-12-2010 the opposite party sent a mechanic and he incompletely repaired, likewise the defective Inverter and the Battery continuously giving trouble. Whenever the mechanic comes he neither issued any job card nor signed in the Warranty Card by saying that he is not a competent to do so. At last on 21-06-2011 the mechanic expressed his inability to rectify the defect and suggested to purchase a new one. When the complainant informed the same to opposite party No.1 he promised by saying he will replace the piece with new one after informing to the manufacturer about the same. But not responded. He is postponing the same on some pretext or other.
Since the time of purchase of Inverter and Battery, they are not working properly. Repairs took place frequently. The complainant suffered a lot of inconvenience, mental agony and hardship. The complainant purchased the same for attending to her daily duty during the power cut. Hence he prays to pass an order by directing the opposite parties jointly and severally to return the costs of Invertors and Batteries amount of Rs.16,400/- with interest at 24% Per annum and also a sum of Rs.15,000/- towards mental agony and costs of this CC.
3. Though notices served on both opposite parties in the CC they did not choose to appear before this Forum and put forward their contention. Both of them abstained from appearing before this Forum.
4. In order to prove the contentions of the complaint he filed sworn affidavit by reiterating all the facts and circumstances which are mentioned in the complaint. He also filed the original bills under which he purchased the Inverter and Battery and Battery warranty Card, Inverter User’s Manual which are marked Ex.A1 to Ex.A4 respectively.
5. The learned counsel for the complainant filed written arguments which run into 3 pages. In the written arguments the learned counsel for the complainant stated since the time of purchase of Inverter and Battery they are not functioning properly. Though the said fact was brought to the notice of opposite party No.1, he could not rectify the defect properly. Though he promised to replace the Inverter and Battery after informing to the opposite party No.2, he failed to fulfill his promises. Hence he prays to allow the complaint and to pass an order in favour of the complainant and against the opposite parties 1 and 2 as prayed in the complaint.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite parties 1 and 2?
- If so to what relief, the complainant is entitled?
7. POINT No.i:- In order to discharge initial burden which is heavily lying on the complainant, he filed his sworn affidavit taken on oath. He mentioned in his sworn affidavit the date of purchase of the Inverter and Battery, the warranty card sold by the opposite party No.1, and also User’s Manual issued by the opposite party No.1 for Inverter. As the opposite parties 1 and 2 did not choose to appear before this Forum inspite of the service of notice on both them. The statement of the complainant which is filed before this Forum is unchallenged. There is nothing to disbelieve the validity and genuineness of Ex.A1 to Ex.A4. Thus the complainant could able to discharge the initial burden which is heavily lying on him with regard to purchase of the Inverter and Battery and their nonfunctioning properly to the satisfaction of the complainant. Hence we hold this point in favour of the complainant and against the opposite parties 1 and 2.
8. POINT No.ii:- While answering the point No.1 we discussed elaborately about the purchase of the Inverter and Battery by the complainant from opposite party No.1 and their nonfunctioning as promised by opposite party No.1. There is no dispute with regard to cost of Inverter and Battery or concerned as the opposite party No.1 he himself issued bills under Ex.A1 and Ex.A2. Hence we direct the opposite parties 1and 2 to return the amount covered under Ex.A1 and Ex.A2 i.e., Rs.16,400/- with interest at 9% per annum from the date of purchase till realization. Because of negligent attitude of the opposite party No.1 in rectifying the defect in the Inverter and Battery, the complainant suffered a lot of mental agony apart from facing inconvenience due to power cut. Hence we direct both the opposite parties 1 and 2 to pay a sum of Rs.5,000/- by way of compensation towards mental agony suffered by the complainant and a sum of Rs.1,000/- towards costs of this CC.
We direct the both opposite parties to pay the amounts as directed above within one month from today failing which the complainant is at liberty to execute this order and realize the fruits of the order according to law.
9. In the result the complaint is partly allowed and both opposite parties 1 and 2 are jointly and severally liable to pay the amount of Rs.16,400/- with interest at 9% per annum from the date of purchase till the date of realization and also liable to pay a sum of Rs.5,000/- by way of compensation towards mental agony suffered by the complainant and a sum of Rs.1,000/- towards costs of this CC. We direct the both opposite parties to pay the amounts as directed above within one month from today failing which the complainant is at liberty to execute this order and realize the fruits of the order according to law by proceeding against both opposite parties.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 9th day of January, 2015.
Sd/- Sd/-
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 Purchase Bill for Rs.11,500/- dated 21-06-2010.
Ex.A2 Purchase Bill for Rs.4,900/- dated 21-06-2010
Ex.A3 Battery Warranty Card.
Ex.A4 Inverter User’s Manual cum Warranty Card.
List of exhibits marked for the opposite parties:- Nil
Sd/- Sd/-
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
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