Sridhar Battery Agencies
This is a discussion on Sridhar Battery Agencies within the Others Products/service forums, part of the Non Electric Items category; C.C.No.26/2008 Between: K.Ramesh, s/o.Krishnaiah, age:Adult, R/o.Laxmipuram village, Bonakal mandal, Khammam District. …Complainant and 1. Sridhar Battery Agencies, rep. by its ...
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Sridhar Battery Agencies
K.Ramesh, s/o.Krishnaiah, age:Adult, R/o.Laxmipuram village, Bonakal mandal,
1. Sridhar Battery Agencies, rep. by its Proprietor, D.No.11-4-8, Old Margardarshi
Chit Fund complex, Wyra Road, Khammam.
2. J.R.Gotech Accumulators Ltd., D.No.24-112/1, I.D.A. Uppal, Hyderabad,
Ranga Reddy District, rep. by its Manufacturer and authorized person.
This C.C. came before us for final hearing in the presence of Sri.D.Suresh, Advocate for complainant; Notice of opposite parties served and called absent; upon hearing the arguments and upon perusing the material papers on record, having stood over for consideration, till this day, this Forum passed the following order:
O R D E R
(per Sri. Vijay Kumar, President)
1. This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that on 18-4-2006 the complainant approached the opposite party No.1 and had purchased the 1800 DP Gowell battery CF 083 for Rs.4,000/- vide receipt No.437. The opposite party No.1 also given warranty for 12 months and handed over the warranty book to the complainant. To the surprise of the complainant, the said battery was not working properly, the complainant requested the opposite party No.1 to repair the battery and to rectify the same. On 19-12-2006 the complainant handed over the said battery, on verification the opposite party No.1 found the defect of internal short connection failure and the same was entered in the warranty book and promised to replace with a new battery within a short period. Inspite of making many rounds, the opposite party No.1 neither replaced nor returned the amount of Rs.4,000/- and having postponed the same on one pretext or the other. Vexed with the attitude of the opposite party No.1, on 13-11-2007 the complainant got issued a legal notice, the opposite party No.1 refused to receive the notice, whereas the opposite party No.1 acknowledged the notice, but failed to comply the demand of the complainant. Hence, the complaint.
Even after issuance of notice by the forum, the opposite parties No.1 and 2 returned the notice unserved. At last, the complainant filed a petition and sought permission for serving of notice by publication and the said petition was allowed and publication was given in Janatha News Paper. Even after publication, the opposite parties No.1 and 2 called absent.
On behalf of the complainant, the following documents have been field and marked as Exhibits.
Ex.A.1 - Receipt No.437, dt.18-4-2006
Ex.A.2 - Warranty card issued by opposite party No.1
Ex.A.3 - Office copy of Legal Notice.
Ex.A.4 - courier receipts (2)
Ex.A.5 - Refused cover
Heard the counsel for complainant. As there was no representation on behalf of the opposite parties No.1 and 2, the matter is treated as heard. After hearing the arguments of learned counsel for complainant and perusing the material placed therein, the point that arose for consideration is,
1. Whether the complainant is entitled to ask to replace with a new battery or to
return the amount of Rs.4,000/- by opposite party No.1; the non replacement
of battery or non repayment of cost amounts to deficiency in service?
2. Whether the complainant is entitled to claim damages of Rs.2,000/- for
undergoing sufferance mentally and physically?
3. To what relief?
As regards the purchase of the battery from opposite party No.1 shop is concerned, the complainant refers to Ex.A.1, receipt issued by opposite party No.1 in token of purchase of the said battery for Rs.4,000/-. The complainant also refers to Ex.A.2 with regard to the period of warranty. It is mentioned in Ex.A.1, the warranty period is for 12 months. It is the contention of the complainant that within the warranty period, the battery supplied by opposite party No.1 started giving trouble and he requested the opposite party No.1 either to rectify the defect or to replace the said battery, but there was no response from the opposite parties. At last he got issued a legal notice to the opposite parties No.1 and 2. Ex.A.3 is the office copy of Legal notice. On the basis of Exs.A.1 and A.3, the complainant has amply proved that the opposite party No.1 supplied the defective battery and when the complainant demanded for replacement or to return the amount, the opposite party No.1 went on evading under one pretext or the other. The opposite parties No.1 and 2 failed to comply the demand of the complainant. The grievance of the complainant has been properly explained in the complaint. Coupled with the documentary evidence and Exs.A.1 and A.2, the non replacement of battery or repayment of Rs.4,000/- paid by the complainant for the purchase of battery amounts to deficiency in service on the part of opposite parties. Accordingly, the point No.1 is decided in favour of the complainant.
On account of non replacement of battery, the complainant suffered mentally and physically and therefore he is entitled to claim damages. The complainant is entitled to damages of Rs.1,000/-. Accordingly, the point No.2 is decided in favour of the complainant.
In the result, the complaint is allowed, directing the opposite party Nos.1 and 2 either to replace the old battery with a new battery or to pay an amount of Rs.4,000/- to the complainant and further directed to pay an amount of Rs.1,000/- towards damages and Rs.1,000/- towards costs of the litigation within a period of one month from the date of this order.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on 5th day of November, 2009.Regards,
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