JUDGEMENT DELIVERED BY
SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:
The complainant has filed this Complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 (2) of Consumer Protection Act, 1986 alleging deficiency in service against OPs.
2. The brief fact of the case is that the Complainant purchased a solar water heater for his house on 30.06.2014 from OP No.1 for Rs.27,000/- and complainant paid installation charges of RS 5,000/- during the month of December 2014 the solar water heater started giving trouble like leakage in edges of the pipe and same was intimated to Op No.1 and But no one came to attend the complaint from Op No.1.
3. Further, after laps of 12 days mechanic of Op No.1 came and told that there is a problem in fitting the solar water heater and repaired the same and assured that leakage will not repeat again after 12 days the water heater again started giving the same problem which was informed to Op No.1 but this time Op No.1 not come to attend the problem.
The complainant regret his own decision to purchase the water heater and Op No.1 was not providing proper service complainant himself visited the shop of Op No.1 and informed the same to the Op No.1 assured that he will attend the problem of complainant this time after two months a mechanic came from Op No.1’s shop the mechanic of Op No.1 advised complainant Water tank is to be change and assured that it will be repaired within a couple of days but the mechanic nor the Op No.1 attended the complaint of complainant, the complainant regularly visited the Shop of Op No.1, after 2 months the complainant again visited the shop but it was closed, from some other person the complainant came to know that the owner of the shop had opened a new shop near New bus stand Hubli the complainant further submits that he rushed to the new shop but there also shop was closed when he enquired about the same to the nearby shop they said that the Op No.1 is not opening the shop regularly and he was not doing business seriously after some days complainant again visited the same new shop the people of the nearby shops informed that the owner OP No.1 had shut down his business and closed down the shop.
4. Further the complainant submits that he was contacted Op No.2 problem was mailed to Op No.2 the company (Op No.2) told him to forward all the documents same was done by the complainant but till today issue is unsolved, now the complainant is not using the water heater as it is leaking badly, hence complainant filed this complaint and prayed to order the Ops to refund the price of the solar water heater with interest @ 18% per annum from the date of purchase and Rs.25,000/- and Rs.5,000/- towards compensation.
5. The predecessor on seat registered the Complaint and notice were issued as such notice were served to Op’s but were failed to appear before the forum.
6. In the background of the above said pleadings, the Complainant filed his affidavit and photo copies of the document produced as C-1 to C-8, the document are as follows:
1. C-1 Cash invoice.
2. C-2 Cash receipt.
3. C-3 Broacher.
4. C-4 Legal Notice.
5. C-5 Un-served RPD covers 2 in no. along with
notice.
6. C-6 Correspondence letter.
7. C-7 Photos 6 in number.
8. C-8 Certificate of installation.
The complainant filed an IA for appointing a court commissioner to examine the defective unit (Solar water heater) forum allowed the IA and appointed a court commissioner Veerabhadreshwara Service and Sales of water heaters and directed to send a mechanic to examine the above defective unit.
As per the direction of the forum the proprietor of Veerabhadreshwara Service and Sales along with his mechanical staff examined the defective solar water heater and filed a report along with 9 photos.
On perusal of above documents and arguments heard we conceived that the dispute is regarding the deficiency in service and unfair trade practice from the Ops. This being the pleadings, the points arises before us for adjudication are as follows:
- Whether the Complainant proves that the OPs have made deficiency in service?
- Whether the Complainant is entitle for relief?
- What Order?
Our Answer to the above Points are:-
Point No.1 – Affirmative,
Point No.2 – Partly affirmative.
Point No.2 – As per the final order
07. On consideration of pleading, objection, evidence, documents and arguments of the parties, we answer the above points as under:
R E A S O N S
08. POINT NO.1: The complainant purchased a solar water heater for Rs.27,000/- and also he had paid installation charges of Rs.5,000/- to OP No.1 on 30.06.2014, after 6 months the complainant noticed that there was a leakage in the edge of the pipes of the water heater, the complainants informed the Op No.1 and requested the repair the same the OP No.1 assure to send a mechanic, after laps of 12 days Op sent a mechanic to attend the complaint, the mechanic said that the leakage will be stopped but again after 12 days leakage appear in the water heater the complainant again called out the OP No.1 and explained that the same problem was repeated but OP fail to send the mechanic nor resolved the problem.
The complainant called OP No.1 repeatedly, after not getting proper response from OP the complainant himself visited OP No.1’s office after 2 months a mechanic came to attend the problem and said that there is problem in water tank and it need to be change and assure to repaired it within a couple of days the OP No.1 failed to send a mechanic. Hence the complainant approach to OP no.2 through phone and explain the problem in written OP No.2 advised the complainant to forward the relevant documents as such the complainant send all the documents through a mail. But Op No.2 also fails to resolve the problem. On 18.05.2016 the complainant issued a legal notice to his counsel but the same had been not served.
09. The complainant produced the document to C-1 to C-8 clears that the complainant has purchased solar water heater from OP No.1. OP No.2 is a manufacturer of solar water heater which carries a warranty even after the notice was served by the forum the OP No.2 failed to present before the forum, The OP No.1 had not claimed the notice send by the forum. Such being the fact the forum appointed an expert, M/S Veerabhadreshwara Service and sales Hubli to examine and file the report of the product in question as per the expert report the quality of the product is very low and there is no technical specification installed to avoid the problems of hard water and also the other installation material used are of not standard quality which and been resulted to rust and in present condition water heater is in non-working condition as such after the scanning documents carefully.
It is established that water heater supplied by OP No.1 is of low quality the product question is in non-working condition while the product is within warranty period, even the Ops have not attended the complaint nor repaired the product, hence it is conceived that the Ops have committed deficiency of service, the complainant had entitle for partial relief, since we answer point No.1 in affirmative and Point No.2 in partly affirmative.
10. POINT No.3: For the reasons and discussion made above and finding on the above points, we proceed to pass following:
//ORDER//
- The complaint is partly allowed.
- The Ops are directed to pay Rs.27,000/- (Rupees Twenty seven thousand only) to the complainant .
- The Ops are directed to pay Rs.5,000/- (Rupees Five thousand only) towards harassment for mental agony and Rs;2,000/- (Rupees Two thousand only) towards litigation charges.
- Ops are directed to comply this order within 30 days from the date of this order failing which Ops have to pay an interest @ 9% p.a. from the date of filing this complaint till realization.
- Send a copy of this Order to both parties free of
cost.
