By Smt.Sheena.V.V .,  Member :

          The case of the complainant is that the complainant has purchased a solar powergen system (Inverter) and battery from  opposite party on 3/10/12 as per the invoice No.TVM002131.  It was installed on the same day in complainant’s house.  They had offered 5 years warranty to the product.  But it was showing defects before the expiry of warranty.  So, the complainant approached  with opposite party to cure the defects of battery.  But they have taken no steps to rectify  the defects or replace the product.  So, the complainant sent a lawyer notice to the opposite party on 17/11/2016.  There was no remedy so far.  The act of the opposite party amounts to deficiency in service.  Hence the complaint.

          2. On receiving the notice of the complaint, the opposite party was continuously absent.  So set exparte.  The case is posted for complainant’s  evidence.

          3. When the case is posted for evidence, the complainant filed proof affidavit and 7 documents produced, which are marked as Exts.P1 to P7.  Ext.P1 is the invoice dated 3/10/12, Ext.P2 is the warranty certificate, Ext.P3 is the service call report dated 14/7/13, Ext.P4 series (2 Nos.) are the service call report dated 26/5/16 and 20/9/16, Ext.P5 is the lawyer notice, Ext.P6 is the postal receipt and Ext.P7 is the postal acknowledgement card.

          4. We have gone through the documents and affidavit of the complaint.  From the Ext.P1 document, the purchasing is proved by the complainant and it was issued by the opposite party, Ammini Solar Pvt. Ltd.  In Ext.P4 series document, they reported that system not working.  And also the warranty of the battery shown Ext.P2 document.  So, from these documents, we could find that the system was not working and it is defective. So, we inclined to allow this complaint.

          5. In the result, the complaint is allowed and the opposite party is directed to replace the system with a new one and cost Rs.3,000/- (Rupees Three thousand only) within one month from the date of  receipt of copy of this order.  Failing which the complainant is entitled to get Rs.66,000/- (Rupees Sixty six thousand only) the cost of the product with 12% interest from the date of order till realization.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30^th day  of  November       2017.