Complaint filed on: 19-05-2017 Disposed on: 01-09-2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No. 50/2017
DATED THIS THE 1st DAY OF SEPTEMBER 2017
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Suresh
S/o. Nagabhushan,
Aged about 42 years,
Resident of Shivanagere,
Dodderi hobli, Madhugiri taluk
Tumakauru (By advocate Sri.S.R.Aswathanarayana)
V/s
Opposite party:-
The Proprietor,
S.V. Batteries,
Opp. SIT College,
BH Road, Valmiki nagar,
Tumakuru
(OP - Exparte)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint was filed against the OP, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to award compensation of Rs.60,000=00 and grant such other relief as prayed in the complaint, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The complainant had purchased 4 AMARON batteries for a sum of Rs.10,200=00 vide voucher/bill No.7851 on 18-6-2015. The OP had assured and gave two years guarantee and delivered the same to the complainant.
The complainant further submitted that, the complainant had become utter shocked and surprised that, out of the said batteries, two batteries were not working and also batteries were not charging after installation of the batteries. Immediately, the complainant had informed the said facts to the OP over telephone, for that, the OP had taken back the said two batteries from the complainant house and assured to exchange the batteries.
The complainant further submitted that, the OP had failed to return the said batteries till today. In this regard, the complainant had demanded and requested the OP to return the batteries, but the OP had failed to return the said batteries. Other two batteries were not connected to UPS for want of batteries which were given to the OP for exchange. Hence, all the batteries are not useful and cause damages to the complainant. The complainant got issued a legal notice to the OP on 11-11-2016 through post and the same was served on the OP. But the OP has not taken any steps and not replied to the said legal notice till today. Hence the present complaint is filed.
3. After service of forum notice, the OP has not appeared before the forum, he was called out absent and he has been placed exparte and the case was posted for filing affidavit of complainant.
4. In the course of enquiry into the complaint, the complainant has filed affidavit evidence to support his case and produced documents which were marked as Ex-C1 to C4. We have heard the arguments of complainant side and perused the documents and then posted the case for order.
5. Based on the above materials, the following points will arise for our consideration.
- Whether there is deficiency in service on the part of the OP as alleged by the complainant?
- What Order?
6. Our answers on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per final order below
REASONS
7. The complainant has firmly stated oath in his affidavit that, on 18-6-2015 the complainant had purchased 4 AMARON batteries from the OP by paying an amount of Rs.10,200=00 under voucher/bill No.7851 and the OP had given two years guarantee to the said batteries. The complainant had become shocked and surprised that, two batteries were not working after installation of the batteries. Immediately, the complainant had informed the said facts to the OP over telephone and the OP had taken back two batteries from the complainant house and assured to exchange the same. Till today, the OP had failed to return/exchange the batteries. In this regard, the complainant had demanded and requested the OP to return the batteries, but till today, the OP did not return the batteries.
8. On careful reading of the averments of complaint and evidence of complainant as mentioned above, it is made clear that, the complainant has given his evidence in accordance with the averments of complaint and produced documents to support of his case. The complainant had produced a voucher No.7851/Ex-C1 dated 18-6-2015 for a sum of Rs.10,200=00 and also produced terms and conditions of warranty card/Ex-C2 and C3. The complainant has produced legal notice/Ex-C4 issued to the OP dated 11-11-2016.
9. The above said assertions of the complainant have remained unchallenged. The OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.
10. It is bounden duty of the OP to return/exchange the batteries to the complainant, but he did not do so; it amounts to deficiency in service. This act of the OP made the complainant to suffer. Hence, we award compensation of Rs.5,000=00 and Rs.3,000=00 towards litigation cost. Further, the OP is directed pay batteries amount of Rs.10,200=00 to the complainant along with 9% interest p.a. from the date of purchase to till the date of realization. This order is to be complied by the OP within 30 days from the date of receipt of this order. Accordingly, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed.
The OP is directed to pay the batteries amount of Rs.10,200=00 to the complainant along with 9% interest per annum on the said amount from the date of purchase to till the date of realization.
The OP is further directed to pay compensation of Rs.5,000=00 and litigation cost of Rs.3,000=00 respectively to the complainant.
The complainant is directed to return 4 AMARON batteries to the OP, after receipt of the amount from the OP.
This order is to be complied by the OP within 30 days from the receipt of this order.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 1st day of September 2017)
LADY MEMBER PRESIDENT
