By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Party for the unfair trade practice and deficiency in service up on the installation of Solar Water Heater.
2. The complaint in brief is as follows:- The Complainant entrusted the Opposite Party for the installation of solar water heater having capacity of 100 liter on payment of Rs.4,000/- in advance. The agreed cost of Solar water heater is Rs.26,900/-. The terms and conditions of purchase were such that the value of the Solar water heater is to be paid in instalments and the bank loan facility would be made available by the Opposite Party.
3. The solar water heater of 100 liter was installed in the house of the Complainant on 18.02.2011. In addition to the advance payment, the Opposite Party received from the Complainant Rs.1,000/- on the very same day when the water heater was given to him. On the very next day Rs.3,000/- was received under direction of the Opposite Party. The Complainant went to the bank for financial support. On perusal of the records there in the bank the Complainant came to know that the terms and conditions of the Opposite Party are entirely wrong. The Opposite Party received altogether Rs.14,000/- and terms of dealings with the Opposite Party found to be not fare and better. The installed solar water heater of the Opposite Party is to be taken back and the amount of Rs.14,000/- received from the Complainant is to be refunded along with cost and compensation of Rs.25,000/-.
4. The Opposite Party filed version in short it is as follows:- The Complainant purchased a solar water heater of 100 LPD giving an advance of Rs.4,000/-. At the time of
giving advance the Complainant informed the Opposite Party that the solar water heater would be purchased only on getting the bank loan and the demand draft issued to the Complainant would be given to the Opposite party later. Subsequently the Complainant approached the Opposite Party and convinced them that the installation of solar water heater is to be done urgently. Relying on the urgency of the Complainant the Opposite Party installed the solar water heater in the house of the Complainant. In normal case the party who purchase the solar water heater has to install it. The installation charge Rs.2,000/- was not fully received from the Complainant. The price of the solar water heater and installation charge were not given to the Opposite Party even after the repeated request.
5. While so the Complainant again approached the Opposite Party with a demand of 150 liter solar water heater that to be installed in the house of his brother. A quotation for this water heater and a receipt for Rs.6,000/- without payment of money has given in advance to the complainant. The Complainant also imparted with the Opposite Party that for the purpose of getting loan those records are necessary. The Complainant was not ready to clear the liability of the purchase amount of solar water heater. When ever the Opposite Party or his agent approached the Complainant he was not ready to give the balance amount. More over the attitude of the Complainant inturn became rough and harsh. The Opposite Party was not ready to pay the balance amount for the purchase of solar water heater. The Opposite Party found no other way instead of filing a petition in the Meenangadi Police Station to get the balance amount due from the Complainant. The complaint filed is in protest of the legal action taken by the Opposite Party to get the balance amount due from the Complainant. The complaint is to be dismissed with cost.
6. The points in consideration are:-
Is there any unfair trade practice or deficiency in service on the part of the Opposite Party?
Relief and cost.
7. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Opposite Party. Ext.A1 to A4 and B1 to B3 are documents produced. The oral testimony of the Complainant and Opposite Party are also considered.
8. The solar water heater of 100 LPD was booked by the Complainant on payment of Rs.4,000/-. Ext.A1 is the photo copy of the requisition form. The Complainant is examined as PW1. It is admitted that in the requisition form the other writings of 4000 + 1000+3000 are written by the Complainant. According to the Opposite Party the Complainant has given only Rs.4,000/- in advance towards the fitting charges Rs.1,000/- yet to be paid by the Complainant. The quotation dated 24.02.2011 was given to the Complainant in which solar water heater 150 LPD is written and this solar water heater is in the rate of Rs.38,500/-. It is admitted that the water heater purchased by the Complainant is on 100 LPD and it was installed on 18.02.2011.
9. The Complainant has no case that the solar water heater installed is having any manufacturing defect. The amount demanded by the Opposite Party is an unfair trade practice. In the oral testimony of the Complainant it is also admitted that the Opposite Party has to be paid Rs.12,900/- towards the purchase cost of the solar water heater. On the other hand the Opposite Party had given a Police complaint to get the balance amount due from the Complainant excluding advance payment of Rs.4,000/-. The Complainant also admitted that a police complaint is filed against him for the amount due from the Complainant. Ext.B2 is the copy of the police complaint which is dated 04.04.2011. According to the Opposite Party the complaint lodged is to escape himself from other legal action and to get protected himself from further adjudication. The complaint is filed with a vexatious interest and it is frivolous also. The Complainant himself admitted in oral testimony that towards installed water heater amount is due from the Complainant to the Opposite Party. The complaint filed is with vexatious interest and frivolous touch that deserves compensatory cost to the Opposite Party under Section 26 of the Consumer Protection Act. The contention of the Opposite Party that the complaint filed is frivolous and vexatious manner cannot be lightly seen.
In the result the complaint is dismissed. The Complainant is directed to give Rs.1,000/- (Rupees One thousand only) as compensatory cost to the Opposite Party for filing this frivolous and vexatious complaint within one month from the date of receipt of this order.
Pronounced in open Forum on this the day of 28th July 2011.
Date of filing:04.04.2011.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant:
PW1. T.C. Roy Ex Service men.
Witness for the Opposite Party:
OPW1. Thomas Mathew Manager, A.B.R. Solar Agencies.
Exhibit for the Complainant:
A1. Copy of Requisition Form. dt:15.11.2010.
A2. Copy of Receipt. dt:24.02.2011.
A3. Copy of Quotation dt:24.02.2011.
A4. Retail Invoice. dt:20.02.2011.
Exhibit for the Opposite Party:
B1. Copy of Retail Invoice. dt:23.11.2010.
B2. Copy of Petition. dt:04.04.2011.
B3. Receipt. dt:04.04.2011.
