CC Filed on 18.12.2007<br /> Disposed on 30.04.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated 30.04.2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.297/2007<br /> <br /> D.V.Shankaran,<br /> # 1055, 3rd Cross,<br /> New Extension,<br /> Kolar – 563 101. Complainant <br /> (By Advocate Sri. S.Sridhar)<br /> <br /> V/S<br /> Anu Solar Power Private Limited,<br /> 248, 3rd Cross, <br /> 8th Main, 3rd Phase,<br /> Peenya Industrial Area,<br /> Bangalore – 560 058. Opposite Party<br /> (By Advocate Sri. P.K.Ramachandra) <br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party for replacement of solar water heater or to repay the entire amount with compensation of Rs.1,00,000/- to the complainant with interest till the date of realization with costs etc.,<br /> <br /> 2. The material facts of the case may be stated as fallows: The opposite party is one of the Solar Water Heater manufacturers. On 08.09.2004 the complainant purchased 125 LPD ANU Premium Solar <br /> <br /> CC No.297/2007<br /> Water Heater from opposite party vide bill No.409019323 for Rs.19,980/- and the amount was paid through cheque and cash at Kolar. The opposite party installed the said water heater in the premises of complainant on the same day. The opposite party gave warranty in respect of the said solar water heating system for its proper functioning till 08.09.2024 with certain conditions. <br /> <br /> It is alleged by complainant that the solar water heater system was not producing hot water properly and several complaints were given through telephone to opposite party. Finally the technician of opposite party inspected the system on 17.07.2006 and noticed “panel leak and panel block (60%), copper fines to be replaced”. Further it is alleged that the opposite party did not attend to cure the defects for a long time and inspite of issue of legal notice dated 06.12.2007 and the system had completely stopped its function of producing hot water from 29.11.2007. Hence the complainant filed the present complaint. <br /> <br /> 3. The opposite party appeared and contested the case. Sale of solar water heater and its installation are not denied. The technician of opposite party inspecting the system on 17.07.2006 is also not disputed. It is contended that the defects noted in the system by the technician were due to usage of hard water by the complainant into the system and the warranty was not applicable if the system was operated with hard water and the technician had intimated the complainant the cause of defect as the use of hard water and the complainant had realized that the defect was due to use of hard water by him. Further the opposite party contended that it sent quotation dated 13.12.2007 for Rs.14,500/- for repairing of the solar water heating system panel and tank and that the complainant did not respond for it. Therefore it contended that there was no deficiency in service and prayed for dismissal of complaint.<br /> CC No.297/2007<br /> 4. The parties filed affidavits and relevant documents. We heard the learned counsel for the parties and perused the records. <br /> <br /> 5. The following points arise for our consideration: <br /> <br /> 1. Whether there is deficiency in service by opposite party?<br /> 2. If so, what order?<br /> <br /> 6. After considering the records and the evidence our findings are as fallows:<br /> <br /> Point No.1: On of the limitations prescribed in the warranty is that the warranty is not applicable if the system is operated with hard water i.e., hardness above 200 ppm. In the present case it is not in dispute that on the date of inspection on 17.07.2006 by the technician, there were defects like - panel leak and panel block 60% and the copper fines were to be replaced. The opposite party contended that these defects were caused due to operation of the system with hard water. The complainant denied this fact and contended that the defects were due to manufacturing defects and use of substandard materials. Admittedly the defects were noticed within the warranty period. <br /> <br /> The notes made by technician on 17.07.2006 on the service call sheet dated 30.06.2006, do not show that the defects noted by him were due to use of hard water. His notes are silent for the cause of defects. The quotation dated 13.12.2007 for repairing was sent only after issue of legal notice dated 29.11.2007. It can be seen that the legal notice was served on the opposite party on 03.12.2007. The opposite party has not intimated in writing the alleged cause for defects at any time prior to filing of its version. <br /> <br /> CC No.297/2007<br /> The learned counsel for the opposite party submitted that in Kolar one can get only hard water but not sweet water. Therefore he submits that the complainant must have used only hard water in the heating system. The limitation of warranty prescribes that hard water i.e., hardness above 200 ppm. There is nothing to show that water drawn at Kolar is tested at any time to find out the gravity of hardness. The learned counsel for opposite party submits that now the water may be sent for testing to find out its hardness. Therefore it is clear that the opposite party had not got tested the water to find out the hardness. In the above facts and circumstances we hold that the defense taken by the opposite party is only an after thought defense. Even assuming that the water available at Kolar is hard water to some extent, that itself does not relieve the responsibility of opposite party unless it is shown that the hardness of water is above 200 ppm. Hence point No.1 is held in affirmative. <br /> <br /> Point No.2: As point No.1 is held in affirmative, we pass the following:<br /> O R D E R <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 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 /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 30th day of April 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />