S.C.VYAS,PRESIDENT - (1.) THIS appeal is directed against order dated 30.6.2008 passed in Complaint Case No. 154/07 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), whereby complaint filed by the appellant seeking relief of replacement of battery was dismissed by the District Forum on the ground that said battery was not having manufacturing defect and the claim was preferred much late.
(2.) IT is not in dispute that appellant /complainant purchased a battery to be used in tractor namely S.F. Sonic having S. No. 213413 from respondent No. 2 on 7.9.2005 in respect of which bill No. 903 was also provided. A warranty of 18 months was provided against manufacturing defects, defective material, etc. in respect of the battery.
(3.) CASE of the complainant was that the battery was giving troubles immediately after its purchase. The same were notified to the respondent company also. It was also noticed that there was a crack in the box of the battery, which was shown to respondent No. 2 who directed the appellant to contact respondent No. l for that purpose. When respondent No. l was contacted, then it refused to help on the ground that battery was not in warranty period. In written version it has been contended by respondents that the breakage of the outer cover of the battery was on account of mishandling and because of hammering by some hard substance, which was not a manufacturing defect and as per conditions of the warranty it was not the duty of the respondent to replace the battery. Thus, no deficiency in service was committed by respondents.;