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V.K.JAIN
Luminous Power Technologies (P) Ltd. – Appellant
Versus
Kanwar Sain – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Sanjay Goswami, Advocate
For the Respondent No.1:Ms. Filza Moonis, Advocate
For the Respondent No.2:Respondent No. 2 is already ex-parte

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant purchased a 10 KVA inverter from respondent No.2, who is a dealer of petitioner on 18.1.2008. The inverter had been manufactured by the petitioner company. A service engineer attended to the complaint of the complainant / respondent No.1 on 11.11.2009 and gave an estimate of Rs.12,000/-. The case of the complainant is that despite they having paid Rs.12,000/-, the inverter again stopped functioning after some time and the service engineer told them that the batteries had dried up and should be replaced. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint filed on 4.9.2010.

2. The complaint was resisted by the petitioner as well as its dealer. It was interalia stated in the reply filed by the dealer that the inverter was purchased on 18.1.2008 and had a warranty period of one year. It was further stated in the written version filed by the dealer that the first complaint in respect of the inverter was lodged by the complainant after the warranty period had already expired. It was alleged that the first complaint was lodged on 14.11.2009 and an estimate of Rs.12,000/- was given

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