EA Filed on 01.07.2008<br /> Disposed on 14.08.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 14th Day of August 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Execution Application No.53/2008<br /> <br /> D.V.Shankaran,<br /> #1055, 3rd Cross,<br /> New Extension,<br /> Kolar. Decree Holder<br /> <br /> (By Advocate Sri. S.Sridhar)<br /> <br /> V/S<br /> Anu Solar Power Private Ltd.,<br /> 248, 3rd Cross, 8th Main,<br /> 3rd Phase, <br /> Peenya Industrial Area,<br /> Bangalore-500058. Judgment Debtor<br /> <br /> (By Advocate Sri. P.K.Ramachandra)<br /> <br /> ORDERS<br /> <br /> This is an Execution Application against the Jdr for enforcement of the order passed in CC 297/2007.<br /> <br /> 2. The decree holder is the complainant and the Jdr is OP in CC 297/2007. The order dated 30.04.2008 passed in that case is as follows: <br /> <br /> “The complaint is allowed with costs of Rs.1,000/-. The opposite party is directed to remove the defects in the Solar Water Heater System supplied to complainant, by replacing and repairing<br /> EA No.53/2008<br /> the defective parts in it, within 45 days from the date of this order. In default it shall return Rs.19,980/- to complainant with interest at 10% per annum from 29.11.2007 till the date of payment”. <br /> <br /> 3. Subsequent to the passing of the order, the Jdr sent letter dated 27.05.2008 to Dhr asking him to deliver the system (Tank and Panel) to the factory of Jdr situated at Peenya Industrial Area, Bangalore to enable it for repair of the system and to take it back after repair or to sent Rs.4,000/- through DD to meet the transportation expenses of the system to effect repair. The learned counsel for the Dhr submitted that he had sent reply to this letter denying the liability of Dhr to meet the transportation expenses. <br /> <br /> 4. The Dhr filed execution application on 01.07.2008. The Jdr appeared and filed objection stating that the Dhr was liable to meet the expenses of transportation of the system to Bangalore from the house of Dhr at Kolar and that the Dhr was not ready to meet that expenses. <br /> <br /> 5. We heard the arguments and perused the records. <br /> <br /> 6. The order in CC 297/2007 does not direct the Dhr to meet the transportation expenses of Solar Water Heater System from Kolar to Bangalore. The learned counsel for Jdr submits that as per the terms and conditions of warranty the Dhr is required to meet such expenses. Therefore according to him the Dhr failed to accommodate for repair of the system and the Jdr has not violated the terms of the order. <br /> <br /> In our opinion the contention of the learned counsel for Jdr cannot be accepted. The order in CC 297/2007 does not direct the Dhr to meet the transportation expenses of Solar Water Heater System from Kolar to <br /> <br /> EA No.53/2008<br /> Bangalore. Therefore it was the duty of Jdr to carry out the replacement or repair of the system as directed at its expenses including the transportation expense if any. Therefore we hold that the Jdr has committed default to remove the defects in the Solar Water Heater System within the prescribed time and in that event it should return Rs.19,980/- to Dhr with interest at 10% per annum from 29.11.2007 till the date of payment. Hence we pass the following:<br /> <br /> O R D E R <br /> The Judgment Debtor shall pay Rs.19,980/- to Decree Holder with interest at 10% per annum on the said amount from 29.11.2007 till the date of payment with costs of Rs.1,000/- as directed the CC 297/2007, within one month from the date of this order. It is needless to say that on payment of the amount due, the Jdr is entitled to take back the Solar Water Heater System supplied to Dhr. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 14th day of August 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br />