Karnataka

Kolar

CC/71/2017

Sri.Srinivas - Complainant(s)

Versus

The Proprietor - Opp.Party(s)

12 Apr 2018

ORDER

Date of Filing: 11/10/2017

Date of Order: 12/04/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 12^th DAY OF APRIL 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 71 OF 2017

Sri. Srinivas,

S/o. Munivenkataswamy,

C/o. Muniraju (Havina),

W.No.31, Near Mukundaraya Temple,

Vapasandra,  Chickkaballapur City.                      ….  COMPLAINANT.

(In-person)

 

- V/s -

The Proprietor,

SBS Electronic Equipment Private Limited,

# 83/7, SBS Towers,

Rajkumar Smaraka Bhavana,

1^st Cross, 2^nd Block,

Nandini Layout, Bangalore.

(Rep. by Sri.Suman.K, Advocate)                              …. OPPOSITE PARTY.

-: ORDER:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this complaint against the opposite party Under Section 12 of the Consumer Protection Act, 1986 and prays to direct the OP to replace the battery and to pay compensation of Rs.50,000/- with costs and such other relief as the forum deems fit.

 

02.   The brief facts of the complainant’s case is that, the complainant has purchased 150 AH APZ battery for Rs.9,800/- on 20.02.2017 at Namagondalu Village.  The battery was not at all working after a week of installation and he informed the OP through phone several times to set-right the defect and so also he has mailed to set right the defect, but the OP did not rectify the defect.  And there is deficiency in service on the OP.  The complainant undergone lot of mental agony and harassment and so also financial loss and filed this complaint for the reliefs as stated in the complaint.

 

(a)    Along with the complaint the complainant has submitted copies of the following 02 documents:-

(i) Invoice copy dated: 20.02.2017  - Annexure-A

(ii) E-Mail copy sent to OP by complainant – Annexure-B

 

03.   In response to the notice, the OP appeared through his counsel, but in spite of taking sufficient time, he has not filed version.  The OP has filed Memo for replacement of the battery. 

 

04.   The complainant has send his affidavit evidence thorough post.  Both parties did not address their arguments and the arguments of both parties taken as heard.

 

05.   The only point that does arise for our consideration is that:-

POINT NO.1:-   Whether the complainant is entitled for compensation towards mental agony, harassment and financial loss suffered by him?”

 

POINT NO.2:-   What order?

 

06.   Our findings on the above points are that:-

POINT NO.1:-  In the Affirmative

POINT NO.2:-  As per the final order

                                        for the following:-

REASONS

07.   POINT NO.1:-  It is relevant to state here that, the OP has not filed his version and it amount to admission of allegation made in the complaint and there is no doubt that the complainant purchased the battery as per Invoice Annexure-A dated: 20.02.2017 and he has also send email to the OP as per Annexure-B dated: 08.08.2017 stating that, the battery was not working since 01 week of installation and there is no reply to the said notice and the complainant has filed this complaint and during the pendency of the case on 21.12.2017 the OP has filed Memo stating that, he is ready to replace new battery in the place of old battery.  The complainant remained absent after filing complaint and direction has been issued to the complainant to appear before the Forum, in view of the Memo filed by the OP.  Thereafter the complainant appeared on 03 occasions, but OP remained absent.  Thereafter the complainant has sent affidavit evidence through post and has sworn that, on 01.03.2018 the battery has been replaced by the OP and praying Hon’ble Forum to pass suitable order as prayed in the complaint.

 

08.   The OP has not paid any compensation to the complainant except replacement of the battery and the OP has not settled the matter amicably.  And the above said fact discloses about the delay in replacement of the battery and it reveals about deficiency of service on the part of the OP and which leads to mental agony and harassment suffered by the complainant and dragged to the Forum.  Hence we are of the opinion that, the complainant is entitle a sum of Rs.4,000/- towards mental agony, harassment and financial loss suffered by him and litigation fee of Rs.1,000/-.  Hence as discussed above we answer this point is in the affirmative.

POINT (2):-

09.   In view of our discussion on Point (1) we proceed to pass the following:-

ORDER

01.   The complaint filed by the complaint is allowed-in-part.

02.   The OP is directed to pay a sum of Rs.4,000/- towards harassment and mental agony and litigation costs of Rs.1,000/- within 30 days failing which the said amount will carry interest @ 9% per annum till realization of the said amount.

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 12^th DAY OF APRIL 2018)

 

 

LADY MEMBER                                PRESIDENT