GOPAL NARAIN AGGARWAL Vs. LAXMI BATTERIES

JUDGEMENT

(1.) -complaint of appellant was dismissed vide impugned order dated 24.8.2002 on the ground that the fact regarding the defect in the battery and the defect in the inverter can only be decided by recording the detailed evidence of the technical experts.

(2.) The appellant had purchased an Exide battery from the respondent for use in the inverter installed at his residence. Battery was found defective and as a result Inverter could not function properly. The respondents have taken plea that the electric system of the inverter wherein the battery was used was in fact defective and the complainant was requested to get the faulty inverter charging system rectified by the mechanic. The mechanic checked the inverter and after the fitment of new replaced battery found that the inverter was faulty due to faulty electricity system.

(3.) As is apparent, it was a case of deficiency in service as to the quality of battery and could have been decided on the basis of evidence filed by the parties. We allow the appeal and set aside the impugned order, send back the case for deciding it afresh on merits. The parties are directed to appear before District Forum on 13.10.2004 for aforesaid purpose.