BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1569/2014

DATED ON THIS THE 4^th September 2015

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party, seeking a direction to repair the defective system or replace it with new one and for other reliefs.
2.     The complainant has purchased a solar water heating system from opposite party, on 09.02.2012 for a sum of `27,342/-.  The system has guarantee for a period of 5 years, against the manufacturing defect.  The system was working satisfactorily after sometime, the system started leakage at the outlet of the tank.  A complaint was lodged with the opposite party, whose service technician attended the problem on 19.02.2013.  Again the problem started.  Hence, filed the complaint.
3.     The opposite party contended that it was ready to take the leaking tank from the complainant’s premises and return the same after repair or else replace the same within 10-15 days, subject to payment of packing, forwarding and transportation charges.  Further alleged that the complainant did not come forward to make the payment as demanded, as such, the opposite party couldnot repair or replace the item.  Hence, pray for dismissal of the complaint with costs.
4.     To prove the facts, the complainant has filed his affidavit and produced documents.  The opposite party also has filed his affidavit and produced documents.  Heard the arguments of both side and perused the entire documents.  The matter posted for orders.
5.     The points that arise for consideration of this Forum are as follows:-

1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the relief sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant purchased a solar water heating system from opposite party on 09.02.2012, by paying a sum of `27,342/- and on satisfactorily installation, the system was working well. After sometime, the complainant noticed leakage of hot water from the tank.  The problem was informed to the opposite party, whose technician attended the problem on 19.02.2013.  But, still the problem continued.  Once again the complainant lodged a complaint to the opposite party company but went in vain.  Hence, alleging the deficiency in service on the part of opposite party, the complaint is filed.
8.    The opposite party contended that, for obvious reasons, it has closed down its office at Mysore, as such the problem can not be rectified at Mysore.  The opposite party requested the complainant to pay a sum of `3,000/- towards packing, forwarding and transportation charges.  The opposite party alleged that the complainant did not come forward to pay the charges till date.  Hence, the problem could not be rectified.  Further contended that, it is still ready to repair or replace the item within 10-15 days time.  As such, claims that there is no deficiency in service on the part of opposite party and hence, pray for dismissal of the complaint with exemplary costs.
9.    In view of the above observations, it is concluded that the problem exists in the solar water heating system.  Further, the unit was purchased from opposite party’s Mysore office hoping efficient and effective services.  Now, for rectification of the problem, the opposite party’s demand a sum `3,000/- towards packing, forwarding and transportation is not justifiable.  As such, the complainant is entitled for the reliefs sought.  Accordingly, point No.1 is answered partly in the affirmative.
10.   Point No.2:- In view of the above discussion, we pass the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party is hereby directed to refund a sum of `27,342/- being the value of the unit with 18% interest p.a. from the date of complaint, to the complainant or replace the entire unit with new one, within 30 days of this order.
3. The opposite party shall pay a sum of `10,000/- towards mental agony and `2,000/- towards litigation expenses to the complainant, within 30 days of this order.  In default, the opposite party shall pay interest at 10% p.a. on the said total sum of `12,000/-.
4. In case of default to comply this order, the O.P. shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.