Date of Filing:30.12.2014
Date of Order:19.08.2016
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE - 27
Dated: 19TH DAY OF AUGUST 2016
PRESENT
SRI.SYED ANSER KHALEEM, B.SC., B.Ed.,LL.B.,PRESIDENT
SRI.H.JANARDHAN,B.A.L, LL.B., MEMBER
SMT.BHARATI.B.VIBHUTE, B.E(I.P.) LL.B., MEMBER
COMPLAINT NO.2229/2014
Shri Venkatapp ,
S/o Karakurappa
No 9, Sankalppa
1St Main Road, S G Layout,
P.C Lane, Kolar 563102 Complainant
V/s
Anu Solar Power Pvt Ltd
No 248, 3rd cross, 8th Main
3rd Phase, Peenya Industrial Area
Bangalore-50. Opposite Party
ORDER
BY SRI.H.JANARDHAN, MEMBER
1. The complainant has filed this complaint U/S 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter referred in short as O.P) alleging deficiency in service on the part of the O.P and prays for direction to the O.P to replace the Anu Solar Water System or to refund Rs 24,428/- along with plumbing expenses incurred and compensation of Rs 50,000/-.
2. The brief facts of the complaint is that, the O.P approached the complainant in Month May 2011 and insisting the complainant to purchase the Solar water heating System. When the complainant initially not shown any interest in install the water solar system and the O.P visited the complainant oftenly and insisted to place the order to install the Solar Water System in question. Finally by believing the words of the O.P and about the quality of the Solar Water System. Ultimately the complainant placed the order to install the solar water system in question. Further the complainant states that initially the sale consideration was fixed Rs.18,930/- and the O.P prior to installation asked the complainant to pay the above said amount but the complainant did not pay and asked the O.P to install the product and thereafter he is ready to pay the amount. Whereas O.P convinced the complainant that they will install the system within two days and forced the complainant to pay the amount. Ultimately the complainant paid the amount but the O.P without installation of the system quoted higher price i.e. Rs.24,428/- to install the Solar Water System. The complainant paid entire sale consideration amount to the O.P. The complainant alleges that subsequent to installation of the water solar system it started causing leakages and hence the complainant approached the O.P for repair of the same and the O.P initially repaired it but again and again the leakage problem persists and the O.P each time demanding Rs.2,000/- towards transportation charges to repair the same. Hence the complainant alleges that the O.P are not given the quality product and they are rendering deficient service. Hence this compliant.
3. Upon issuance of notice, O.P appeared through their counsel and but did not chose to file version and evidence and failed to contest the case.
4. To substantiate the case of the complainant, the complainant has filed his affidavit evidence along with documents. We have heard the arguments.
5. On the basis of pleadings of the complainant, the following points will arise for our considerations are:-
(A) Whether the complainant has proved
deficiency in service on the part of the O.P?
(B) Whether the complainant is entitled to
the relief prayed for in the complaint?
(C) What order?
6. Our answers to the above points are:-
POINT (A) & (B): In the affirmative.
POINT (C): As per the final order
for the following:
REASONS
POINT No (A) and (B):-
7. On perusal of the complaint along with the documents it clearly reveals that, the complainant had purchased a Solar water heater for an amount of Rs.24,428/- and the said solar water system was installed in the complainant residence and within a span of two years the solar water system started causing leakages and even after the repair the problem persists. It is the allegation of the complainant that each time the O.P was demanding the transportation charges of Rs.2,000/- and the problem is not resolved. The complainant lodged several complaints with the O.P for repair of the Solar System. The O.P service personnel visited the complainant residence and replaced the several parts with the new parts and inspite of that the problem of leakage did not resolve. Inspite of the repeated requests the O.P repaired the solar water system several times but it was in vain. However, in the year 2013 the complainant lodged the complaint with the O.P, however the O.P personnel told the complainant that he has to bear the transportation charges and also to bear the maintenance and usage charges. The request of the O.p was refused by the complainant to bear transportation and maintenance charges for the reasons that there was a guarantee for five years and maintenance for seven years. On this grounds the complainant refused pay the transportation and maintenance charges. However the complainant has purchased the solar water heater during the year 2011 and the O.P had replaced the solar water heater tank but inspite of that there was a leakage and not repairing to the usable condition which amounts to deficiency in service.
8. The crux of the matter is to consider whether the complainant has to pay transportation charges and maintenance charges as demanded by the O.P.
9. It is worth to note that, the Solar Water System purchased by the complainant during the year 2011 and hence it requires free service for the period of five years. Whereas demanding towards maintenance charges does not arise at all till the completion of five years period. Admittedly the complainant purchased the product in question situated at Bangalore and complainant residing at Kolar District. However, complainant alleged that the representatives of the O.P promised in that the branch of the O.P office will be open at Kolar also. Whereas complainant did not place any cogent evidence to believe the saying of the complainant that the O.P. representative promised the complainant that the branch office will be opened at Kolar. Hence the allegation of the complainant cannot be believable one in the absence of the evidence. However, the O.P did not filed its version and evidence in order to falsify the case of the complainant. On the basis of the available evidence on record it discloses that, though many times repaired the solar water system in question but the leakage problem was not solved and hence complainant rightly attributed the deficiency in service on the part of the O.P. In the attendance circumstances of the case we hereby deem it just and proper to direct the O.P to repair the said Solar Water System to the usable condition at their cost without demanding any maintenance charges. Whereas the O.P office situated at Bangalore and the complainant purchased the product in question at Bangalore and hence complainant has to bear the transportation charges in order to repair the product in question to the usable condition. In the light of above discussion, we are of the considered opinion to hold Point No.(A) and (B) in the affirmative.
POINT (C):
10. Based on the findings given on the point No.(A) and (B) and in the result we proceed to pass the following:
ORDER
- The complaint is allowed-in-part with cost.
- The O.P. i.e. Anu Solar Power Pvt Ltd represented by its Authorized Signatory is hereby directed to repair the Solar Water System installed in the house of the complainant to the usable condition at the cost of the O.P without demanding any maintenance charges within 30 days from the date of receipt of this order.
03. The complainant is also directed to bear the transportation charges which is payable to the O.P.
04. Further O.P is hereby directed to pay a sum of Rs.1,000/- towards the cost of the proceedings.
- The O.P is hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and submit the compliance report to this Forum within 45 days from the date of receipt of this order.
06. Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 19th Day of August 2016)
MEMBER MEMBER PRESIDENT
*Rak
