West Bengal

Bankura

CC/38/2024

Sri Satinath De - Complainant(s)

Versus

Rakesh Bajoria,Throx Autocrop Hd(Retail) - Opp.Party(s)

Tapan De

12 Aug 2024

ORDER

                    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.38/2024

     Date of Filing:  03/05/2024

Before:                                        

1. Samiran Dutta                                        Ld. President.       

2. Siddhartha Sankar Bhui                        Ld. Member.

3. Mrs. Kabita Acharjee, Goswami          Ld. Member

 

For the Complainant:Ld. Advocate Tapan De

For the O.P.: None

 Complainant:

Sri Satinath De,S/O-Sri Sankarlal De, R.O-Barasoloana Lane,P.O&P.S&Dist-Bankura,Pin-722101,Mob-9434314171

Opposite Party:    

1.Rakesh Bajoria,Throx Autocrop Hd(Retail)Satighat,Bankura,P.O&P.S&Dist-Bankura,Pin-722101

2.Muhao Battery Pvt.Ltd.,Amta Chandrapur,Howrah,Pin-711401

 

FINAL ORDER / JUDGEMENT        

                                                                                                                                                   

Order No.06

Dated:12-08-2024

Complainant files hazira through advocate.

The case is fixed for Written Version as last chance.

No step is taken by the O.P.s who are found absent on repeated call nor any written version is filed within the statutory period.

The case is taken up for Ex-parte hearing.

The Complainant’s case is that he purchased one battery led bike from Tara Motors, Katjuridanga, Bankura under Invoice dated: 12/09/2018 for Rs.28,990/- inclusive of four battery charges but after use on road all the four batteries went out of order one after another within the and the first battery was replaced on 13/03/2023, the second one on 15/07/2023, the third one on 18/08/2023 and the fourth one was replaced on 11/12/2023 by the battery dealer/O.P. No.1. Thereafter the Complainant could not ply the bike on the road even after installation of the new batteries and accordingly approached O.P. No.1/Battery Dealer by letter dated: 06/02/2024 for further replacement of the defective batteries with intimation in writing on the same date to O.P. No.2/Battery Manufacturing Co. to the same effect but neither O.P. No.1 nor O.P. No.2 took any step for replacement of the battery to make the bike in running condition as a result of which the said bike is lying  in dead condition without any use. The Complainant has therefore approached this Commission for refund of the price of the batteries amounting to Rs.13,200/- with Compensation and Litigation Cost.

                                                                                                                                                                                       Contd……p/2

Page: 2

Despite service of Notice though O.P. No.1 made his appearance but no Written Version has been filed and O.P. No.2 did not turn up at all to contest the case.

The Commission has examined the petition of complaint and all the materials on record. Warranty Card which is on record supports the Complainant’s case of replacement of all the four original batteries within a short interval of the purchase of the Battery Bike.  Inspite of verbal reminders and also in writing for further replacement of batteries as is evident from letter dated: 06/02/2024 both O.P.s have failed to discharge their statutory duties as product seller and product manufacturer and as such they are liable to product liability action under Chapter VI of the Consumer Protection Act, 2019. Replacement of original batteries and non-functioning of the same within a short interval of time goes to show that the replaced batteries were all defective and not fit for use.

Failure of O.P. No.1 and O.P. No.2 to replace the defective batteries of the Battery Bike as urged by the Complainant within the Warranty Period amounts to deficiency in service. Though the cost of replaced batteries are not on record but accepting the unchallenged case of the Complainant by filing any written version on behalf of the O.P.s the Commission is inclined to allow the case Ex-parte against the O.P.s.

Hence it is ordered…….

That the case be and the same is allowed Ex-parte against both O.P.s but without cost.

O.P. No.1 and O.P. No.2 are directed jointly and severely to pay to the Complainant Rs.13,200/- towards the cost of the replaced batteries with Litigation Cost of Rs.2,000/- within a month from this date in default law will take its own course and on payment of the decretal amount the Complainant will hand over the defective batteries to the O.P.s.

Both parties be supplied copy of this Order free of cost.

 

    __________________                     ________________                     ________________     

 HON’BLE   PRESIDENT             HON’BLE    MEMBER             HON’BLE    MEMBER