JAFAR GENERAT Vs. POWERFUL ELECTRONICS

JUDGEMENT

(1.) The complainant's case in short is as follows : The complainant purchased a battery from the 1st opposite party. The guarantee period for the battery was one year. The battery so purchased on 5.11.1999 became defective and it was handed over to the 1st opposite party for rectification and the two other batteries purchased also became defective within the period of guarantee. In spite of several requests to the opposite parties, they have failed to come and attend to the repair and set right the defect and on account of the same, complainant has been put to irreparable loss and hence the complaint.

(2.) The 1st opposite party contended that there was only one battery purchased which was handed over to them for repairs and it was repaired and handed back to the complainant. But with regard to the other two batteries mentioned, they were not entrusted to them. The complainant did not purchase any battery on 15.12.2000 nor any battery was purchased on 5.11.1999. Therefore, there is no deficiency in service on the part of the 1st opposite party. Moreover, even according to the complainant, the batteries were purchased not for the purpose of using it in the motor vehicle, but for the purpose of his factory and, therefore, the complaint is not maintainable.

(3.) The lower Forum admitted the complaint and directed the 1st opposite party to refund the sum of Rs.2,768/- and pay a sum of Rs.2,000/- towards compensation for mental agony along with a sum of Rs.500/- towards costs. Hence the present appeal.