BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 22^nd DAY OF AUGUST 2016

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to replace the defective solar tank in terms of guarantee together with cost of litigation.

 2. The brief averments made in the complaint are as under:

The complainant purchased a 100 LPD ANU ETC Solar Water Heating System – Model ANU1 from OP on 11.06.2012.  That the said system has 5 years guarantee against the manufacturing defects as mentioned in OPs general terms and conditions.  That the tank developed problems and started leaking heavily, for which complainant lodged a complaint with OP vide complaint No.150654 dated 14.03.2015.  That after several phone calls OP sent their representative only on 25.04.2015 who without even checking the Solar tank demanded Rs.1,700/- for repairs.  The complainant did not agree to pay Rs.1,700/- as the amount demanded was too high.  That the representative of OP went back even without looking at the problem with the system.  That the complainant again contacted the OP who in turn directed to talk to service manager but the complainant found his cell phone switched off continuously.  The OP has not acted on the complaint lodged by the complainant and failed to attend the complaint in terms and conditions of the guarantee.  That OP is liable to repair or replace the solar tank.

For the aforesaid reasons, the complainant prays for an order directing OP to replace the defective tank as per the terms and conditions of the guarantee and pay him Rs.1,500/- spent for correspondence with cost of litigation.

3. In response to the notice issued OP entered their appearance and contended that the OP is in the business of manufacturing of solar energy equipments for the last more than 35 years and their products are tested and certified by the competent authorities and it is ISO 9001-2008 certified company.  That the solar water heater purchased by the complainant on 05.06.2012 was installed on 11.06.2012 and after installation the system was working satisfactorily.  That the complainant booked a complaint on 14.03.2015 and immediately on 25.04.2015 a service technician inspected the system and found that the tank needs to be replaced for which OP need to take back the tank to fix the problem but the complainant did not agree to give the tank and also refused to pay the packing, forwarding and transportation charges of Rs.1,700/- which was as per the warrantee conditions.  That there is no manufacturing defect in the system.  That the complainant was using hard water more than 200 PPM resulting in the leakage that too after 3 years of use.  That the product supplied by the OP is approved by various standards set by the Government of India and other statutory agencies.  That OP could not attend to the problem since complainant was not ready to give back the tank and bear the transportation charges.  Therefore, OP prays for dismissal of the complaint as there is no deficiency of service on their part.

4. The complainant to substantiate the allegations made in the complaint filed his affidavit evidence so also the OP.  OP filed their written arguments.  Both the parties have submitted certain documents to substantiate the respective contentions.  Also heard the oral arguments advanced by both sides.

5. The points that arise for our determination in this case are as under:

        6. Our answer to the above points are as under:

REASONS

7.  OP admits that the complainant purchased Solar water heating system from them on 11.06.2012 and the same was installed on the same day at the residential address of complainant situated at Vidyanagar, Ramanagaram.  OP does not dispute that as per the terms and conditions mentioned in the purchase order dated 05.06.2012, the said Solar water heater carries guarantee period of 5 years from the date of purchase against manufacturing defects.  OP also admits that the complainant lodged a complaint with them on 14.03.2015 and on 25.04.2015 the service technician visited the site and inspected the system.  In their version as well as in their affidavit evidence OP opines that the solar tank needs to be replaced.  OP contends that for the purpose of replacement the said solar tank has to be brought to their factory but the complainant did not agree to give the solar tank and also did not agree to pay the packing, forwarding and transportation charges of Rs.1,700/- as per the warranty conditions.

8. The complainant denied his liability to pay packing, forwarding and transportation charges of Rs.1,700/- as the same is not covered by the terms and conditions of the guarantee.  We perused the general terms and conditions mentioned on the overleaf of purchase order, the copy of which is produced by the complainant.  Clause-8 of the said general terms and conditions provides that the product is guaranteed against manufacturing defect for a period of 5 years from the date of purchase.  No where it is mentioned that the consumer/complainant is required to bear the packing, forwarding and transportation charges in the event the solar tank needs to be taken away for repairs or needs to be replaced.  The general terms and conditions mentioned in the purchase order on the basis of which, the complainant has purchased the solar heating system does not provide for payment of packing, forwarding and transportation charges.  Therefore the OP is not justified in demanding a sum of Rs.1,700/- towards packing, forwarding and transportation charges.

9. The learned advocate for OP produced a copy of warranty/scope and limit referring to the terms and conditions mentioned therein.  The learned advocate argued that the complainant is liable to pay packing, forwarding and transportation etc., as demanded by the OP.  No doubt the said document provides for payment of packing, forwarding and transportation etc., to be paid by customer but the copy of the said document admittedly has not been provided to complainant at the time he purchased the said solar water heating system.  This document came to be produced by OP only at the time of filing the version and affidavit evidence.  The complainant was never made aware of the existence of any such document at any point of time.  OP even after receipt of complaint letter dated 28.04.2015 from the complainant did not bother to inform him that he is liable to pay the packing, forwarding and transportation charges if at all the solar tank needs to be carried back, for effecting repairs.  Therefore, the OP now cannot be permitted to demand packing, forwarding and transportation charges on the basis of the documents, the contents of which were never made known to complainant till he approached this Forum.  Therefore, we are of the opinion that, the OP is not at all justified in demanding a sum of Rs.1,700/- towards packing, forwarding and transportation charges.  OP is liable to replace the solar tank in terms and conditions mentioned on the overleaf of the purchase order, at their own cost.  The conduct of OP in not attending the defects in the solar system which arouse with-in the warranty period amounts to gross deficiency of service.

10. In view of discussions made above, we are of the opinion that the OP has to be directed to replace the defective solar tank at their own cost and shall pay litigation cost of Rs.4,000/- to the complainant.  

11. The order could not be passed within the stipulated time due to heavy pendency. 

12. In the result, we proceed to pass the following:
           

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed.  OP is directed to replace the defective solar water heater tank sold to the complainant with good quality solar water heater tank at their own cost within a period of 4 weeks from the date of communication of this order and they shall pay litigation cost of Rs.4,000/- to the complainant.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 22^nd day of August 2016)

MEMBER                            MEMBER                    PRESIDENT

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Witnesses examined on behalf of the complainant dated 03.12.2015.

1. Sri.R.Nagaraj.

Documents produced by the complainant:

Witnesses examined on behalf of the Opposite party dated 11.01.2016.

1. Sri.George Kutty.   

Documents produced by the Opposite Party:

   MEMBER                           MEMBER                      PRESIDENT

   Vln*