Andhra Pradesh

Chittoor-II at triputi

CC/54/2019

K.Sundara Rao, S/o K.Michel - Complainant(s)

Versus

Loka Prabhakar Naidu, Atchutha Agencies, Authorized Exide Battery Dealer - Opp.Party(s)

In person

07 Aug 2019

ORDER

         

 

                                                                                                Filing Date: 29-05-2019                                                                                                                                                                                      Order Date: 07-08-2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: -  Sri.T.Anand, President (FAC)

                                                                                                 Smt.T.Anitha, Member

 

 WEDNESDAY THE SEVENTH DAY OF AUGUST, TWO THOUSAND AND NINETEEN

 

C.C.No.54/2019

Between

K. Sundara Rao,

S/o. K. Michael, Christian, aged 59 years,

Residing at D.No. 12-136, Vasundara Nagar,

Renigunta Village, Post & Mandal,

Chittoor District, Andhra Pradesh.

PIN- 517 520.                                                                      … Complainant

 

And

Loka Prabhakar Naidu,

Atchutha Agencies,

Authorized Exide Battery Dealer,

D.No.112, Santhi Nagar, K.T. Road,

Annarao Circle, Tirupati, Chittoor District.                      … Opposite party

 

        This complaint coming on before us for final hearing on 02.08.2019 and upon perusing the complaint and other relevant material papers on record and on hearing of Sri. K.Sundara Rao, party in person and opposite party is remained exparte having stood over till this day and for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed by the complainant under sections 12 & 14 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite party and prayed this Forum to allow the complaint by directing the opposite party to pay an amount of Rs.36,000/- which was paid to the opposite party towards purchase of Solar Batteries,  Rs.20,000/- towards compensation for mental agony and deficiency in service and to pay Rs.5,000/- towards legal expenses.

        2. The brief facts of the case are:  the complainant approached the opposite party who is authorized dealer of Exide Battery on 05.04.2019 for the purchase of Exide 150 AH Solar Batteries (2 in No) for his house and paid Rs.36,000/- towards cost of the batteries to the opposite party. Accordingly the opposite party installed the Solar battery in the house of the complainant. At the time of the installation, the complainant observed that, the batteries did not contains the emblem  which are used for solar system and same was questioned by him to the opposite party. But the opposite party has stated that, the batteries are C10 grade and it will support Solar System also. The complainant further submits that after installing the said batteries, said batteries were not supported the Solar System. Hence he immediately informed the same to the opposite party but the opposite party promised that, he will take back the batteries within two days and he returned those two batteries to the opposite party. After returning the batteries to the opposite party, the opposite party refused to return the amount which was paid by him for the purchase of the batteries. Hence he caused a legal notice on 23.04.2019 to the opposite party calling upon to refund the amount of Rs.36,000/- which was paid by him. But after receipt of the same the opposite party failed to reply the same and return the amount which was paid by the complainant towards cost of the batteries which is nothing but deficiency in service on part of the opposite party. Hence he filed the present complaint.

        3.  The opposite party after receiving the notices issued by this forum, failed to appear before forum to challenge the contentions of the complainant. Hence the opposite party called absent and set exparte.

        4. The complainant filed his evidence affidavit and Ex: A1 to A5 were marked. The complainant filed his written arguments and oral arguments were heard.

        5. Now the point for consideration is:-

           Whether there is any deficiency in service on part of the opposite party? If so, to what extent, the complainant is entitled for the reliefs sought for?

                   6.Point:-  The main case of the complainant is, he approached the opposite party and purchased Exide Batteries (2 in No) for his Solar System by paying Rs.36,000/- under Ex:A1 and the said batteries were not supporting solar system as those batteries are not suitable for the solar system and same was informed by him to the opposite party, and the opposite party promised to take back the batteries and same was returned  to the opposite party. But they failed to pay the invoice amount which was paid by him for the purchase of batteries. Hence left with no option, he purchased the other batteries which supported solar system and installed the same in his house. But the opposite party failed to return the amount to the complainant even after receipt of the notice under Ex:A3 which is nothing but deficiency in service. Hence he filed the present complaint.

                  After receipt of the notices issued by this forum the opposite party failed to appear before this forum to challenge the contentions of the complainant. If the opposite party has got any case, they might have attend this forum and proved their bonafides, but they failed to do so. Hence the contention of the complainant held to be proved in the absence any evidence on the part of opposite party as they failed to attend this forum.

                 Hence in above circumstances, we came to the conclusion that there is clear deficiency in service and unfair trade practice on part of the opposite party towards the complainant as the opposite party failed to return the amount even after taking back the batteries supplied to the complainant. Hence this point is answered in favour of the complainant and complaint is to be allowed.

                  In the result, the complaint is allowed in part directing the opposite party to refund an amount of Rs.36,000/- (Rupees thirty six thousand only) which was paid by the complainant towards purchase of the batteries (2 in No) on 05.04.2019 under Ex:A1. The opposite party is further directed to pay an amount of Rs.3,000/- (Rupees three thousand only) towards compensation for mental agony suffered by complainant due to deficiency in service and to pay Rs.3,000/- (Rupees three thousand only) towards litigation expenses. The opposite party is further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order failing which, the above said compensation amount of Rs.3,000/- (Rupees three thousand only) shall carry interest @ 9% per annum from the date of this order till realization.

        Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 07^th day of August, 2019.

            Sd/-                                                                                                          Sd/-                                                             

    Lady Member                                                                                                 President (FAC)

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Sri K. Sundara Rao (Chief affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original Cash Bill No.911 for Rs.36,000/-, Dt: 05.04.2019 issued by Atchutha Agencies (Authorized EXIDE Dynex Dealer), Annarao Circle, Tirupati.
	Proof of C.D. opposite party while taking away the batteries from the house.
	Notice sent to opposite party( Proof of document of Legal Notice).
	Proof of Speed Post Postal Receipt in Original. Dt:23.04.2019.
	Photo copy of Proof of receipt of Legal Notice. (Article Tracking              (Article ID: EN487395662IN). Dt: 24.05.2019.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                                                     Sd/-

                                                                                                   President (FAC)

 

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                  2) The Opposite party.