BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 711 of 2017

Date of Institution: 4.10.2017

Date of Decision: 17.11.2017  

Mr. Inderjeet Lakra, Advocate R/o 1, The Mall, Near Daljit Singh Eye Hospital, Amritsar

Complainant

Versus

Kapil Electronics & Telecom, Main Chowk, Ram Tirath Road, Amritsar through its Prop./Partner/Principal Officer

Opposite Party

Complaint under section 12 and 13 of the Consumer Protection Act, 1986

Present: For the Complainant:  In person

              For Opposite Party  : Sh. Parminder Kumar, Owner

Coram

Sh.Anoop Sharma, Presiding Member      

Ms. Rachna  Arora,Member

Order dictated by:

Sh.Anoop Sharma,Presiding Member

1.       Sh. Inderjit Lakhra has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that  complainant has purchased one battery NOKIA BL-4C for his mobile from the opposite party for Rs. 300/- with warranty of 3 months on 16.8.2017. The said battery stopped working very next day of its purchase  and made the handset dead. The complainant approached the opposite party with the defective battery supplied by the opposite party on 17.8.2017 i.e. the very next day of its purchase, but the opposite party refused to replace or refund the price of the same. Rather the attitude of the opposite party was very hostile towards the complainant, who is a senior citizen and a respectable advocate of the city. The complainant has to purchase new battery to make his mobile handset operational next day. It transpired that the battery supplied by the opposite party is fake product and not manufactured by the Nokia company  and the opposite party deceived the complainant by selling the  fake product as original one. The act of the opposite party in supplying the defective material to the complainant is an act of deficiency in service, malpractice as well as unfair trade practice and has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant . Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to refund the amount of Rs. 300/- alongwith interest @ 12% p.a. from the date of payment till realization ;

(b)     Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party through Sh. Parminder Kumar, owner appeared and has brought the new battery for replacement. But, however, the complainant has refused to receive the same as he has brought the battery from some where else to make his mobile phone operational. It is pertinent to mention here that the complainant has purchased the battery on 16.8.2017 and the same became defective on the very next day i.e. on 17.8.2017. It was the case of the complainant that he has approached the opposite party for replacement of the battery with new one as the battery supplied by the opposite party became defective on the very next day of its purchase, but the opposite party  refused to accede to the genuine request of the complainant. Now when the complainant has filed the instant complaint, opposite party  became ready to replace the battery  , which the complainant has already purchased from somewhere else to make his mobile phone operational. As such the complainant has refused to receive the battery.

3.       In view of the above discussion, we are of the considered view that  the complainant is entitled to refund of Rs. 300/- as price of the battery. The opposite party is directed to refund Rs. 300/- to the complainant.  The  complainant also presses for cost and compensation as claimed vide instant complaint . In our considered opinion, complainant  is entitled for compensation as well as litigation expenses because opposite party made the complainant to file the instant complaint and his grievance has been redressed after receipt of notice of the complaint by the opposite party. However, complainant has made a request for grant of compensation to the tune of Rs. 50,000/- vide instant complaint which in our opinion appear to be quite exorbitant and  excessive. It is settled principle of law that compensation has to be granted in order to   set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 1000/-   and we grant the same accordingly. Litigation expenses are assessed at Rs. 500/-The complaint, as such is allowed accordingly. Opposite party is  directed to make compliance of the order within 30 days of the receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 17.11.2017