Mumbai: Consumer wins refund for old mobile battery sold by shopkeeper | Representative
A district consumer commission has directed a refund of a price of a mobile battery that never got charged. The consumer has dragged the shop owner to court. Besides directing battery and fitting charges of Rs 1,250 to be refunded with eight percent interest per annum from the date of sale of the battery, it also directed compensation of Rs 6,000 towards mental agony and litigation costs.
The order dated November 20, 2022 (uploaded January 20, 2023) was passed by Sneha S Mhatre, president and DS Paradkar, member of District Consumer Disputes Redressal Commission, South Mumbai on a complaint by Vikhroli resident Satej More against Mukhtar Wahid, the propriety of ‘Give N Take’ Shop in Grant Road.
More, a lawyer, wanted a battery for his Samsung Galaxy A-9 Pro. For that, he visited Wahid’s shop on Lamington Road. Since he didn’t have one, he went to another one and brought two batteries. More paid him Rs 1,250 for battery and fixation charges. As per submission in the Commission, since the shop was not into repairing mobiles – was into selling chains, locks and household stuff – Wahid bought two mobile batteries but fixed an old one into More’s handset. When the mobile was charged at home, the battery did not charge and a refund was sought for the same. However, Wahid denied giving any money to him. When he went again, Wahid used unruly language as per the order.
The commission issued a notice but Wahid did not file any reply or challenge the allegations against him. The Commission passed an ex-parte order and decided the case was one-sided. During the hearing, the Commission observed that as per the details on the battery, it is one 2016 make and an old one when the money taken was for a new one. Calling it an unfair trade practice and deficiency in service to not return the money, the Commission directed that the compensation order be fulfilled within 30 days of it being passed.
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