NISSIE INDIA AGENCIES Vs. GANGULI

JUDGEMENT

(1.) Mr. D. P. Dewan, to be referred to as the complainant, purchased a new battery on 22.1.92 from the opposite party with a warranty of one year. He al so entered into an arrangement for the maintenance of the battery with the OP on payment. The car in which the battery was installed, stopped to move the starter on 11.3.93 just after about two months of the expiry of the warranty period. The complainant approached the OP and was informed that even though the OP was not liable to do any thing in the matter it offered to supply a new battery at 50% discounted price purely as a goodwill gesture. The complainant was not satisfied and he filed the complaint before the District Forum.

(2.) A reply was filed on behalf of the OP pointing out that service life of the battery depended upon proper maintenance and correct functioning of the electrical system. In the instant case the complainant was advised to avail of the opposite party's free service every month but for a perusal of the guarantee-cum-service card it was revealed that check-ups were not regularly got done and this might be one of the reasons for per mature failure. It was reiterated that the OP offered to supply a new battery at 50% discount purely as a gesture of goodwill. An affidavit of Paban Kr. Kataky, General Manager of the OP was also filed in support of the written version. On a consideration of the matter the District Forum observed that there was no allegation of deficiency in service within the warranty period. It was further observed that the battery having been purchased by Mr. Dewan as Director of the company, the purchase was for commercial activity and the complainant was not a 'consumer' and the complaint was not, therefore, maintainable. The complaint was accordingly dismissed. Aggrieved by the order, the complainant has preferred this appeal.

(3.) When the appeal was called on for hearnig, none appeared for the respondent. We have, therefore, heard Mr. Dewan, who argued in person.