COMPLAINT FILED: 25-07-2009<br /> DISPOSED ON: 01-10-2009<br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 1ST OCTOBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1748/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Vasu.G.K.<br /> 30/31, 12th ‘A’ Cross,<br /> Bharath Matha Layout,<br /> Near Parijatha School,<br /> Pillanna Garden,<br /> Bangalore – 560 045.<br /> <br /> Party in Person<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY Anu Solar Power Private Ltd.,<br /> No.248, 8th Main,<br /> 3rd Cross, 3rd Phase, <br /> Peenya Industrial Area,<br /> Bangalore – 560 058.<br /> <br /> Party in Person<br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This is a complaint filed u/s.12 of the C.P.Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to install Solar Water Heater at the cost price of Rs.17,012/- and for damages of Rs.35,000/- on an allegation of deficiency in service.<br /> <br /> The brief contents made in the complaint is as follows:-<br /> <br /> 2. In the month of February’ 2009 the representative of the OP approached the complainant and extended about the scheme of offering 200 Litre Solar Water Heater at the cost of Rs.17,512/- which is inclusive of taxes. Attracted by the offer complainant booked the said Solar Water Heater on 07-03-2009 by making token advance of Rs.500/- cash to the officer of the OP. <br /> <br /> 3. The representative of the OP promised to install the Solar Water Heater at his residence within 6 months from the date of booking, after the receipt of balance amount of Rs.17,012/-. OP furnished the invoice copy to the complainant. Since complainant was not in station till July’ 2009 he could not get install the said unit at his residence. On 15-07-2009 the representative of the OP called the complainant to make balance payment of Rs.17,012/- in cash. The complainant insisted to pay the said amount by way of cheque. On 18-07-2009 the representative of the OP personally collected the cheque dated 18-07-2009 for sum of Rs.17,012/- and issued acknowledgement and promised after clearance of the cheque the said Solar Water Heater will be installed. On 24-07-2009 the representative of the OP called the complainant and said instead of Rs.20,000/- the complainant has paid only Rs.17,512/-. The scheme under which complainant booked the unit has been closed. The complainant can withdraw the booking. Under these circumstances complainant felt deficiency in service on the part of the OP. Hence he is advised to file this complaint and sought for the relief. <br /> <br /> 4. On appearance, OP filed its version mainly contending that complainant booked 200 LPD Solar Water Heater on 07-03-2009 vide purchase order No:52121 by paying Rs.500/-. The accepted cost of Solar Water Heater costs Rs.20,000/-. The complainant booked the said unit under subsidy scheme extended by the Ministry and as per scheme cost of the system was Rs.17,512/-. The purchase order is valid only for 2 months from the date of booking that scheme was withdrawn without any notice for any solar manufacturing companies. On the basis of seniority system, system was installed at complainant’s residence on 28-07-2009. The acknowledgement on service call sheet and copy of the evidence is produced. Among these grounds OP prayed for dismissal of the complaint.<br /> <br /> 5. At the outset it is not at dispute that complainant booked 200 LPD Solar Water Heater costing Rs.17,512/- with the OP by making advance payment of Rs.500/- under subsidy scheme. Since there is a delay in taking delivery of the system by making balance payment by the complainant by that time the subsidy scheme was withdrawn. Inspite of giving sufficient opportunity complainant has failed to file his affidavit evidence. The fact of the delivery and installation of the Solar Water Heater by the OP on 28-07-2009 is not denied by the complainant. The documents to that effect are produced by the OP. However, the claim of the complainant is satisfied. OP has shown his bonafide in installing the said Solar Water Heater. Heard the counsel for OP, complainant absent. The complainant has not made any grounds for awarding damages. Under the circumstances we proceed to pass the following :-<br /> <br /> O R D E R<br /> <br /> The complaint is disposed of as settled, since the OP installed the 200 LPD Solar Water Heater on 28-07-2009 at the residence of the complainant.<br /> <br /> No order as to cost.<br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 1st day of October 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />