Date of filing: 15-2-2017                                                                                                                          Date of order : 12-1-2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA,  Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

SMT. K. SIREESHA, B.L., LADY MEMBER

Friday, 12^th day of January, 2018

CONSUMER COMPLAINT No. 12 / 2017

Neeli Narasaiah, S/o Venkata Narasaiah,

Aged about 69 years, Retd. Employee, Hindu,

Resident of D. No.2/1101, Upstair,

Sriharirao Street, Nagarajupet,

Kadapa-516 001. (A.P),

Mobile No.9440683645.                                             … Complainant.

Vs.

1. Munaga Electrical Distributors,

Rep. by its Proprietor,

D. No.21/330, S.F.S. Street,

Kadapa-516 001 A.P).

2. The Proprietor,

Mahindra and Mahindra Ltd.,

Mahindra Powerol Business,

Gate No.2, Akurli Road,

Kandivali (E), Mumbai-400 101

Maharashtra State.

3. The Proprietor,

Exide Industries Ltd.,

59 E Chowranghee Road,

Kolkata-700 020 (W.B).                                ….. Opposite Parties.

This complaint coming for final hearing on 4-1-2018 in the presence of Complainant appeared as in person and Sri S.S.D. Rama Swamy, Advocate for opposite party no.1, Sri P. Jayarami Reddy, Advocate for opposite party no.2 and O.P.no.3 is called absent and set exparte on 20-9-2017,  and upon perusing the material papers on record, the Forum made the following:-

O R D E R

 (Per Smt. K. Sireesha, Member),

         1)  The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act). The complainant praying this Hon’ble Forum to pass an order in favour of her against the opposite party no.1 to 3 to refund the amount of Rs.17,800/- or to replacement Mahindra Powerol Humps 1,000 VA inverter with                       S.I. No.P05S1303140026892, Exide Battery make with SI.No.A5F4D037740 5G41 along with interest @ 24% p.a. from 2-3-2015 till payment and also order to pay Rs.20,000/- towards compensation for mental agony and Rs.5,000/- towards costs of the complaint.

           2)The complainant purchased New Powerol  Humps 1000 VA inverter and Exide batteries on 2-3-2015 from Opposite party no.1 shop                    inverter with S.I. No. PO5S1303140026892, exide battery make with SI.No.A5F4D037740 5G41 for an amount of Rs.6,700/- + Rs.11,200/-  less an amount of Rs.100/- total amount of Rs.17,800/- tax invoice also issued by the O.P.no.1 in the name of the complainant, warranty is for 24 months i.e., 2-3-2015 to 1-3-2017. After the purchase, the inverter worked for 15 months properly and beyond given troubles within the warranty period. The complainant told the same to the opposite party no.1, and their technician attended and rectified the problem again it was giving troubles on the same the complainant given a complaint to the customer care on 19-1-2017. No technician attended to solve the problem. The complainant issued notice on 21-01-2017 to the opposite parties no.1 to 3. After that the technician of Opposite Party no. visited the complainant house and taken the inverter for repair, but they had not replaced it to the complainant, Hence, this complaint.

           3)Counter filed by the opposite party no.1 stating that the purchase of Mahindra Inverter 1000 VA by the complainant is true along with Exide batteries 12volts 150 AH battery from his shop on 2-3-2015. After the complainants complaint to about the trouble of the inverter to the customer care, the technician attended and checked the inverter found that it was very dirty condition and the complainant was not maintained the same properly. The mains cord plug pin on the back side of the inverter was eaten by the rats and found rat bites on the mains cord. The output power socket was also totally burnt on account of the high voltage.  As per the terms and conditions in the warranty period the second respondent company is liable to replace the power circuit board and transformer.   It clearly  shows  that the

second respondent is liable to replace the parts, the warranty given by the second respondent company. Though, two components the complainants are not covered under the warranty to maintain cordial relationship with the customer. The respondent has replaced those two components and tried to deliver the UPS to the complainant. But the complainant did not issue the same and filed this complaint, as such there is no deficiency of service alleged by the complainant and the complaint may be dismissed.

           4)Counter filed by Opposite Party no.2 stating that the technician attended and rectified the problems of the inverter. The Opposite Party no.2 agreed to pay the price of the inverter or to replace the inverter in the place of old inverter and prayed this Forum to dismiss this complaint.

           5) O.P.no. 3 called absent and set exparte on 20-7-2017.

           6) Written arguments filed by the complainant on 8-12-2017. No oral evidence adduced. Ex. A1 to Ex.A5 filed by the complainant. Exhibits  nil on behalf of the opposite parties.

           7) From the above averments these points were taken for consideration:-

1. Whether the complainant is eligible for compensation as prayed by him or not ?

2. Whether there is deficiency of service on behalf of the opposite parties no.1 to 3 or not?

3. To what relief  ?

           8)Point No.1 and 2 :- From the above averments of complaint and counters filed by the both the parties, it is very clear that the complainant had purchased the inverter of Mahindra Company along with batteries under Ex.A1 and Ex.A2 from the opposite party no.1 on 2-3-2015. As per Ex.A3 there is warranty of 24 months after the purchase the inverter started giving troubles and the mechanic of the opposite parties attended and got rectified the problems, after that again the inverter started troubles as per the version of the complainant and the written version of the opposite parties. On 27-1-2017 the technician came and taken the inverter to rectify the problems for the same issued acknowledgement under Ex.A5. There was warranty for the inverter. The complainant issued legal notice stating that the troubles of the inverter to the opposite parties 1 to 3 under Ex.A4 on                         21-1-2017. The mechanic had taken the inverter rectified the problems but he did not return the same to the complainant after rectifying the complainant asked so many times and got issued the legal notice under Ex.A4. As per the counter of O.P.no.1 and 2, they also agree that there was trouble in the inverter and they are ready to replace the same in place of the defective inverter. From the above evidence on record it is very clear that the complainant is  eligible for compensation as prayed by him. At the same time there is deficiency of service on the part of the Opposite Parties               no. 1 to 3.

                9)Point No.3:- In the result, the complaint is allowed, directing the Opposite Party no.1 to 3 jointly and severally liable to replace the Mahindra Company Inverter in place of the defective Inverter along with batteries with new one with fresh warranty, pay Rs.3000/- (Rupees Three Thousands Only) towards mental agony, and pay Rs.2,000/- (Rupees Two Thousands Only) towards costs of the complaint within 45 days of date of receipt of order. The complainant is directed to return the batteries with him to Opposite Party no.1 under due acknowledgement in the mean time.   

Dictated to the Typist, transcribed by him, corrected and pronounced by us in the open forum, this the 12^th day of January, 2018

MEMBER                                                                                PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant: NIL                                   For Opposite party : NIL

Exhibits marked for Complainant : -

Witnesses examined for the Complainant:    NIL

Witnesses examined for the Opposite parties:    NIL

Exhibits marked on behalf of the Complainant   :- 

Ex: A1:-   Original invoice No.648, Dt. 2-3-2015 for an amount of Rs.6700/-

                issued by O.P.no.1.

Ex: A2:-   Original invoice No.1255, Dt. 2-3-2015 an amount of Rs.11,100/-

                issued by O.P.no.1.

Ex: A3:-  Warranty cards i.e., Exide Batter card and inverter card issued by

               O.P.no.1.   

Ex: A4:-  Legal notice dt. 21-1-17 from complainant to opposite parties 1to 3.

Ex: A5:-  P/c of acknowledgement cards from opposite parties no.1 to 3.

Exhibits marked on behalf of the Opposite parties: -   Nil

MEMBER                                                                                 PRESIDENT

Copy to :-

1.  Neeli Narasaiah, S/o Venkata Narasaiah,

                                       Resident of D. No.2/1101, Upstair,

                                       Sriharirao Street, Nagarajupet,

                                       Kadapa-516 001. (A.P),

2. Sri S.S.D. Ramaswamy, Advocate, for O.P.no.1
3. Sri P. Jayarami Reddy, Advocate for O.P.no.2.
4. The Proprietor, Exide Industries Ltd.,

                              59 E Chowranghee Road,Kolkata-700 020 (W.B).     

& & &

P.R.