SUBJECT: OVERLOOKING OF CONSUMER GUARANTEE ACT AND CONSUMER RIGHT BY LUMINOUS DEALER OF THE CIRCLE AND LUMINOUS COMPANY, SO CONSUMER MEET WITH TREMENDOUS LOSE DAY BY DAY

Location/place: Fatehgarh (UP)

Name of company/service: MS Luminous Co.In

THE H’ ABLE DISTRICT CONSUMER COURT (DISPUTE REDRESSAL FORUM) FATEHGARH FARRUKHABAD (UTTAR PRADESH) – 209601

Consumer Case folio No 05/2012

ARMY NO 15345365M NK /CLK (SD) AJAY SINGH, MOBLE NO. 9044222714, 7398805136 GARRISON ENGINEER, MILITARY ENGINEER SERVICES, FATEHGARH CANTT (UP)-209601, PIN-900427, C/O 56 APO (APPLICANT)

VERSUS
(i) SHUKLA ELECTRICAL, DEALER OF FATEHGARH CIRCLE OF LUMINOUS, OPPOSITE CENTRAL BANK OF FATEHGARH, HATHIKHANA –HOSPITAL ROAD, FATEHGARH (UP) RESPONDENT NO 1
&
(ii) M/S LUMINOUS POWER TECHNOLGIES PVT. LTD, C8 &C9, COMMUNITY CENTRE BEHIND JANAK CINEMA JANAKPURI, NEW DELHI-110058
RESPONDENT NO 2

EXPLAINATIONS/ REPLIES, TO SUPPORT THE ORIGINAL APPLICATION/OVER RULE THE PRELIMINARY OBJECTIONS RESPECTIVELY

1. Para 1. This is a common sentence, using common language of each advocate and not having logic & base, hence there is no need to any comments.

2. Para 2. The following comments are to be furnished to overruled the objections
(a) As I have already been explained that I am living in a Govt. Married Accommodation at Fatehgarh Cantonment, that is well facilitated with electric ability (This Cantonment having their own 33/11 KV Substation to transmitted to completed cantt area by transformers 11/0.433 KV of various capacities at different areas. The present connected load is 1800 Kilo watt and capable to take load of 2000 Kilo watt). A copy of log book of DG Set of Emergency ward of MH Fatehgarh is attached as Appendix A for equipped allusions because there is no electrical interruption will be allow at Emergency ward of MH Fatehgarh. Power supply is always being continued to this ward either by main supply or by DG Set. Any Internal/external physical or technical hazard of electricity will never be more than 2-3/6-7 hours.
(Cont..p/2-)

-2-

But during electric breakage a ceiling Fan (in summer season only) or a tube light and a CFL is only be used.

(c) As well as I had also purchased a Laptop on ______________2011, which has also their own backup upto 6-7 hours to used for tuition and online trading. A Copy of Purchase bill is attached as Appendix B.

So, that, it is cleared that the purchased product not comes under the provisions of Section 2 (I) (d) of consumer protection Act 1986 and as amended in 2003.

3. Para 3. As we explained at Para 2 that the investors are not used for commercial purposes. So that it is requested the objection as raised at Para 3 may please be overruled. Because my respective respondents was try to miss convinced the main issue because the same is related to provide service very late under the warrantee (wanted with respond No 2) and guarantee (wanted with respondent No 1) period. A Copy of warrantee card under which respondent No 2 and a copy of purchase bill under which respondent No 1 are liable for warrantee and guarantee respectively are attached as Appendix C & D.

(Cont..p/3-)

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4. Para 4. In this modern time each equipment is very sensitive although it is a daily using equipments like mobile, computer, induction stove, washing machine and TV etc. So that there is provision to education the consumer under Section 2 (f) of CP Act 1983, a demonstration and user manual will be provide to the consumers to compliance the order. But manufacturer has provide a user manual only for inverter not for battery. This user manual has also not fulfill the logic criteria as this manual having nine paragraphs but only five paragraphs from (1-5 & 7) had only translate in Hindi and remains four paragraphs (from 6, 8-9), those are related with troubleshooting, Warranty (important) and Specification were not translate in Hindi. A copy of the same is attached as Appendix E for evidence. For Battery a warranty card had only handed over to us, which had described in English. There are the tricks to uneducated or mislead the consumers. Although even that any misusing by consumer side not recorded, hence so that it is requested the objection as raised at Para 2 may please be overruled.

5. Para 5. My veteran advocate again tries to mislead to issue to quoting the same. According to Para 2 the object may please be overruled please.

6. Para 1 (a) (REPLY ON MARITS).The following comments are to be furnished to overruled the objections
(a) As I have already been explained that I am living in a Govt. Married Accommodation at Fatehgarh Cantonment, that is well facilitated with electric ability (This Cantonment having their own 33/11 KV Substation to transmitted to completed cantt area by transformers 11/0.433 KV of various capacities at different areas. The present connected load is 1800 Kilo watt and capable to take load of 2000 Kilo watt). A copy of log book of DG Set of Emergency ward of MH Fatehgarh has already attached as Appendix A for equipped allusions because there is no electrical interruption will be allow at Emergency ward of MH Fatehgarh. Power supply is always being continued to this ward either by main supply or by DG Set. Any Internal/external physical or technical hazard of electricity will never be more than 2-3/6-7 hours.
(Cont..p/4-)
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(b) Instantly than the period of installation of this inverter, there is a maximum load of only following devices only:-
(i) 20 Watt CFL – 2 Nos
(ii) 40 Watt Tube light – 03 Nos
(iii) Watt ceiling Fan – 03 Nos
But during electric breakage a ceiling Fan (in summer season only) or a tube light and a CFL is only be used.

(c) As well as I had also purchased a Laptop on ______________2011, which has also backup upto 6-7 hours and was being used for tuition and online trading. A Copy of Purchase bill has already attached as Appendix B.

So, that, there is no issue as can the application are not maintainable under the provisions of consumer protection Act 1986 and as amended in 2003.

6. Para 1 (b) (REPLY ON MARITS) I was very surprised with the reply of the respondent because he hunted for evidence like purchase bill. A Copy of purchase bill had already provide before the H’ able Court as per the Para 4 (a) of my original application. A duplicate copy of the purchase will also preserved the seller end to comply the routine formalities like ST,IT& Vat etc. As per my personal observation that the manufacturer have not maintained record for their customer. For example a CD is enclosed ( this CD having the voice conversation recording between me and their customer executive/representative, in which he said that I was lodged complain on 29 Nov 2011 although my product was repaired on 26 Nov 2011). I lodged my complaint at luminous customer care (Phone No – 0110114077822) (respondent No 2, liable for warrantee) on 29 Oct 2011 and to M/s Shukla Electrical (Respondent No 1, liable for 24 Oct 2011) correspondingly. Hence the objection may please voided strongly.
(Cont..p/5-)

-5-

7. Para 1 (c) (REPLY ON MARITS) I had lodged my complaint at luminous customer care (Phone No – 0110114077822) (respondent No 2, liable for warrantee) on 29 Oct 2011 and to M/s Shukla Electrical (Respondent No 1, liable for 24 Oct 2011) correspondingly. I registered complain No tc11a000787 but Services Engineer was come to my home for testing after 04-05 days and said battery has gone in deep discharge, so battery needs a charging with another charger. After that an another charger is installed with inverter to charge the battery and after full charging of battery the another was removed and after that battery became out of backup again, then Shukla electrical take back the battery on 08 Nov 2011 for servicing. On 25 Nov 2011, a new Battery was installed by him after my great efforts (like- complains & request for example another complaint No. tc11b000238 dated 22 Nov 11 and other various verbal complaints) after that guarantee/warrantee card for new battery was also not handed over me as well as after installation of new Battery.

8. Para 1 (d) (REPLY ON MARITS) In this reference, it is submitted that A customer will never be worry as that is registration/ticket No or a complain No. It is a intimation and a proof that he has registered his complain but it is wrong that it is issued by computerized call centre. A CD as enclosed having the proof that his customer care is maintained manually. It is also pertinently objected that the report regarding Glass fuse Loose is faked because, if it is set OK, then why they carry back it and why they take so much time in the testing (device was taken by them on 08 Nov 2011 and the testing date is 29 Nov 2011). Even all of that this report was generated at their end and in their supervisions. My respondent has mentioned that I have lodged my complained on 28 Nov 2011 but I have already been mentioned at Fifth line of Para 1 (d), original application. His intension is very away from the reach of my understanding, if I lodged complain of 28 Nov 2011 how can they know about fault of my device. So that it is very clear that it is only a trick to mislead the issue to conceal their mistake.
(Cont..p/6-)

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9. Para 2 In this connection, It is submitted that as to why my advocate was telling this lie because the as per the warranty card of Battery, It cover the period of 18 months but the same was extended to 24 month as per luminous circular No 01 dated 18 Apr 2011 and I purchased the produced on 29 May 2011. As well as to above, at this stage of dispute, the definition regarding to warrantee is not healthy in itself because it supported to dealers and manufacturers due to following reasons:-

The definition has not mentioned any stipulated time for defect
rectification.
To continue the service during the repairing period, there is no provision
for substitutes.

In addition to above, it is pertinent to mentioned that M/s Luminous Power (respondent No 2) is liable for warranty as per the warranty card and M/s Shukla Electricals is liable for warranty as per the purchase bill No 25 dated 29 May 2011.

9. Para 2 (b) The following comments are to be furnished to overruled the objections
(a) As I have already been explained that I am living in a Govt. Married Accommodation at Fatehgarh Cantonment, that is well facilitated with electric ability (This Cantonment having their own 33/11 KV Substation to transmitted to completed cantt area by transformers 11/0.433 KV of various capacities at different areas. The present connected load is 1800 Kilo watt and capable to take load of 2000 Kilo watt). A copy of log book of DG Set of Emergency ward of MH Fatehgarh has already attached as Appendix A for equipped allusions because there is no electrical interruption will be allow at Emergency ward of MH Fatehgarh. Power supply is always being continued to this ward either by main supply or by DG Set. Any Internal/external physical or technical hazard of electricity will never be more than 2-3/6-7 hours.
(Cont..p/7-)

-7-

But during electric breakage a ceiling Fan (in summer season only) or a tube light and a CFL is only be used.

So, that, it is cleared that the purchased product not comes under the provisions of Section 2 (I) (d) of consumer protection Act 1986 and as amended in 2003. Hence the raised objection may please be voided.

10. Para 3 Keeping the view of all above points, the objection as raised may please be rejected and the dealer and companies should be strictly penalized for as per the Para 3 (a) and (b) of original application. As well as that same, some additional penalties may also be ordered for other overlook of the company and dealer as per Para 4 of this appeal. The amount of penalty should be estimated to keep the view of consumer welfare on a broad levels in compression of the company. 1% of amount of all device, which had sell by company till date with such user manual and with user manual.

(Cont..p/8-)

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10. Para 4 I was very surprised with the reply of the respondent because he hunted for evidence like purchase bill. A Copy of purchase bill had already provide before the H’ able Court as per the Para 4 (a) of my original application. A duplicate copy of the purchase will also preserved the seller end to comply the routine formalities like ST,IT& Vat etc. As per my personal observation that the manufacturer have not maintained record for their customer. For example a CD is enclosed (this CD having the voice conversation recording between me and their customer executive/representative, in which he said that I was lodged complain on 29 Nov 2011 although my product was repaired on 26 Nov 2011). I lodged my complaint at luminous customer care (Phone No – 0110114077822) (respondent No 2, liable for warrantee) on 29 Oct 2011 and to M/s Shukla Electrical (Respondent No 1, liable for 24 Oct 2011) correspondingly. Hence the objection may please voided strongly.

I hereby verify and solemnly declared that what has been stated above is absolutely true and correct as per the best of my knowledge and belief and nothing material has been concealed there from.

Dated: May 2012 AJAY SINGH
APPLICANT

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