need help from advocate
Querist :
Anonymous
(Querist) 26 November 2009
This query is : Resolved
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT DELHI.
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.
IN THE MATTER OF:
MR.
POCKET- SECTOR- ROHINI DELHI-85
Ph:
.................... COMPLAINANT
VERSUS
MR.RAJESH
YOKASI INDUSTRIES
N.G.C SERVICES, DELHI CHAMBER DELHI GATE
NEW DELHI-2
Ph:
.................... OPPOSITE PARTY
INTRODUCTION: S/O LATE SHRI R/O POCKET-SECTOR- ROHINI DELHI-85; I AM EMPLOYEE IN
MR.RAJESH, YOKASI INDUSTRIES, N.G.C SERVICES, 3453 DELHI CHAMBER DELHI GATE NEW DELHI-2 PROPRITOR OF YOKASI INDUSTRIES
RESPECTFULLY SHOWETH:
Advertisement given by yakasi industries on news paper, where they offer 180ah (tubular) battery at Rs.4900 with attractive 30 months warranty but when I called him , he said the price of Rs.4900 for exchange of old battery.
I purchased a 180 ah tubular battery from yokasi industries on 15 April 2008 of Rs.7500 (without exchange of old battery) which paid by me to RAJESH in cash.
At the time of purchase his commitment was that battery will give 5 to 6 hrs back up. It is a180 AH tubular battery with 30 months warranty card.
They also promised me for battery free home delivery, and free services for water level check up & water quantity.
But Rajesh did not fulfill any of his promise.
TRANSACTION:
I order a 180 ah tubular battery from yokasi industries on phone after negotiating with them of Rs.7500. Which was delivered on 15 April 2008 and Rs; 7500 paid by me to Rajesh in cash and take bill no 293 and warranty card of 30 months.
On 15 April 2008 when he connect the battery with my inverter at that time also battery was not performing at full capacity only one fan was running. That time Rajesh give me excuse that battery will take time to charge properly so I paid amount to Rajesh on faith of his statement. But this was not charged.
Then I called to Rajesh but he said my inverter is not working well on phone without checking my inverter and try to convince me for purchased a new inverter from him.
NATURE OF COMPLAINT:
Rajesh cheated me by giving false promise. At the time of purchase his commitment was that battery will give 5 to 6 hrs back up. But this battery backup is only 90 minutes only from the first day of delivery. He also promises me for free services of water level check up & water quantity, but he doesn’t come.
He delivered me defected piece of battery and not abiding by warranty clause.
I paid money them for a new 180 ah tubular battery deliver me a defective piece which two plates are already dead. Due to this reason the back up of battery is only 90 minutes which is not as per promised by them at the time of purchase.
He also harassed me by giving new excuses like there is no problem in battery, even my inverter is charging at 6 A and this battery need 13 A for charging. But when I consult my inverter dealer there is no problem in inverter.
I again consult Rajesh then he said me check water in battery. But water was ok.
Then I call Rajesh again he said mechanic will come. But nobody come.
Then I call many times to Rajesh but he did not receive my phone and when I called through different number then he disconnect the phone without talking properly and also using cheap abusive language.
Now finally I told Rajesh about consumer court, then on 28 June 2008 mechanic come without fixing any time. But fortunately my son was in home. Mechanic demand food soda and put it into the battery after which the back up was reduced to 15 minutes only. After full inspection mechanic said cells of battery was dead so battery will be replaced within one or two days. But no body comes many days again.
Then I called to Rajesh again but he did not receiving my phone call. One day I called him by different phone number and remind him about consumer court then he promised me that battery will be replaced on 15/07/2008. but he came to my home on 17/07/2008 without inform me to take damaged battery without new battery or any proof of document against which damaged battery will be taken over by him. When I talk on mobile with my family member. He promised to come back within half an hour. But he didn’t come.
I called him again but he disconnect my phone without talking properly
I purchased battery specially for solving problem of my children exam and education. But they are suffering due to defected battery.
I spend many night without electricity, I have mental tension, fear of loss my hard earn money.
OTHER EVIDENCES OF SUPPORT OF COMPLAINT:
1. Cutting piece of paper of advertisement and catalogue that promised the concerned goods.
2. Receipt of payment made of bill no 293 as evidence of purchase.
3. Warranty card of 30 months
4. Copy of letters sent to the opposite party to request for rectification of fault and settlement of the
grievance.
6. Statement in writing from my new battery dealer ensures that two plates of battery were damaged.
JURISDICTION:
As the total amount involved is less than Rupees 5 lakhs hence the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Commission.
PRAYER:
The complainant therefore prays:
(a)That opposite party is directed to refund the amount paid by the complainant to the tune of Rs.7500 because now I don’t have faith on Rajesh trade practices I just don’t want to continue any type of relation with him. I have fed up dealing with him.
(b) Complainant may please be compensated to the tune of Rs.25000 for the mental agony and harassment caused to him in the due course.
(c) Cost of litigation may also be awarded suitably.
PLACE: DELHI Signature
few more thing
i have send him a notice before filing case but strange notice comeback on ground not finding the address.after few days rajesh employee come to my house for take the defected battery but i refussed him because they have lost my faith now i just want my money back . please help, guide me if any mistake in my side
