IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 28th day of February, 2018
Filed on 18.11.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.339/2015
between
Complainant:- Opposite Party:-
Sri. George Mathai T. Alex George (Area Manager)
Kuttikattu Sunil Bhavan Murikans’s Group
Venmony.P.O Near Edampalliyil Govt. School
Chengannur, Alappuzha Kurampala, Pandalam
(Adv. P.V.Satheesh) (Adv.James Chacko)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant approached the opposite party, who is dealing with Solar Invertors on 23/03/2013 to install an inverter in his residential building and as per the agreed terms and conditions and warranty. On 19/06/2014 Solar panel was installed and the complainant had paid Rs. 2,57,000/- to the opposite party as the charge of installation. Immediately after the installation, it is found that the system is not functioning as promised. The voltage output was very low and hence the important electrical appliance were not functioning and on perusal of the U.P.S it was found that the installed is of 4KV instead of 5KV as per the purchase bill and the MPPT as per the guarantee card is of 40A but the installed thing was only of 30A. The system installed by the opposite party is under guarantee up to 19/6/2014, the opposite party failed to cure the defects to install the UPS and MPPT as purchased and promised capacity caused mal functioning and shutdown of important electric and electronic appliances. There after the complainant approached this Forum on 25/02/2015 by filing CC.No. 58/15 with the same cause of action and the opposite party appeared and expressed their willingness to cure the defects of the installation and promised their defect free service in the matter. Accordingly on 30-09-15 the matter was settled and the complaint was closed. However, within one week the system again failed after making a sound and is of no use at present. The matter was again reported to the opposite party and there was no response from their side. Now it is apparent that the opposite party had supplied defective goods to the complainant and is having manufacturing defects and also committing deficiency in their service and thereby causing great depression and mental agony coupled with financial loss to the complainant. The complainant is subjected to irreparable loss and injury. Alleging deficiency in service on the part of the opposite party the complaint is filed.
2. Version of the opposite party is as follows:-
The opposite party admits that complainant purchased a home UPS of 5 KVA for his home on 23-3-2013 which carries one year replacement warranty only. As per request of complainant on 19.6.2014. Opposite party installed a solar panel along with 40A MPPT charger and duly connected it with 5KVA. Home Ups warranty papers duly given to the complainant at the date of installation. And complainant was fully satisfied with its performance. In that installed solar panel contains 5 years service warranty; 150 AH battery no. 4 consists of three years service warranty and 40A MPPT charger consists of one year service warranty. Solar panel had warranty up to five years service warranty and battery had three years service warranty and UPS has one year warranty which was already elapsed on 22.3.2014. Opposite party duly given warranty papers and warranty conditions of the product installed in which service warranty of each component specifically mentioned. On getting legal notice opposite party inspected the complainant’s home for rectifying the complaint. During the period of inspection opposite party noted voltage fluctuations of KSEB. Electricity line which was also noted and verified by complainant at the time of inspection. Opposite party had no dispute with complainant and the opposite party was ever ready and willing to cure any malfunctioning of system installed for customer satisfaction and complainant was fully satisfied with our service and that is why opposite party not sent reply notice to the complainant. CC/58/15 filed before this Forum was closed since matter was settled. Now warranty period of 5 KVA UPS and 40A MPPT charger already elapsed but still opposite party was willing to give service to both components above mentioned provided service charge to be paid by the complainant. There is no deficiency in service on the part of the opposite party.
3. Complainant was examined as PW1 documents produced were marked as Ext.A1 to A8. Bank manager was examined as PW2. Two witnesses were examined as PW3, PW4. No oral evidence from the part of the opposite party. Documents produced were marked as Ext.B1 to B4. Judgment in CC/58/15 is marked as Ext.B5
4. The points for consideration are:-
1) Whether there is any deficiency in service on the part of the
Opposite parties?
2) If so the reliefs and costs?
5. It is an admitted fact opposite party had installed solar panel with battery and inverter in the complainant home. It is also an admitted fact that the complainant once filed a complaint before the Forum and it was disposed off as settled. According to the complainant even though the matter was settled, as per the assurance of the opposite party one week after the settlement the system again failed after making a sound and has no use at present. They further alleged that the opposite party had supplied defective goods having manufacturing defect. An Expert commissioner was appointed at the instance of the complainant and expert commission report produced and marked as Ext.C1. Opposite party filed version stating that they have installed a solar panel along with 40 A MPPT Charger and duly connected it with 5 KVA of UPS. According to the opposite party the installed solar panel contains 5 years service warranty, 150 AH battery consists of 3 years service warranty and 40A MPPT charger consists of one year service warranty. They further stated that even though warranty period of 5KVA UPS and 40A MPPT charger period elapsed, they are willing to give service to both components provided service charge to be paid by the complainant. Ext.C1 is the commission report. An Expert commissioner report stated that the solar panel installed by the complainant is a Chinese make panel, and the inverter installed made in mosefet technology, hence there is a chance for complaint if heavy load is connected. He also reported that power plant is not functioning. While cross examining the expert commissioner as CW1, he categorically stated before Forum that the battery and Inverter are not functioning and the solar inverter system will function only if those low components are replaced.
Ext.B1 is the copy of the complaint filed in CC/58/2015 by the complainant before this Forum. One of the relief sought in the petition is to direct the opposite party to install the 5 K.V UPS and 40A MPPT. Thereafter since the matter is settled the complaint disposed off as settled. Now the complainant alleging that the system had become defective again within one week of settlement. It is an admitted fact that the warranty of the UPS and battery is up to 1/4/2015 and service warranty is up to 1/4/2017. As per the report of Expert commissioner both the battery and UPS are defective. Hence we are of opinion that opposite party is liable to replace the defective UPS and battery. The system was installed on 19/6/2014. CC/58/2015 was filed on 25/2/2015 that ie. during the period of warranty itself the complaint was filed by the complainant. Even after the settlement the system again becomes defective. It was proved by the expert commission reports. By providing defective system like UPS and battery the opposite party committed deficiency in service.
In the result the complaint is allowed. Opposite party is directed to install 5 KV UPS and 40A MPPT along with warranty card. Opposite party is further directed to pay Rs. 5000/-(Rupees Five thousand only) towards compensation and Rs. 3000/-(Rupees Three thousand only) towards cost of the proceedings to the complainant. The order shall be complied with in one month from the date of the receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 28th day of February, 2018. Sd/-Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - George Mathai (Witness)
PW2 - Rajan.A.K(Witness)
PW3 - OOmmen T.N(Witness)
PW4 - Rajendran (Witness)
Ext.A1 - Copy of Lawyers Notice
Ext.A2 - Postal receipt and Acknowledgement card.
Ext.A3 - Quotation
Ext.A4 - Order form
Ext.A5 - Service Receipt
Ext.A6 - Service Receipt dtd 19-6-2014
Ext.A7 - Guarantee Card
Ext.A8 - Guarantee Card
CW1 - Reji George
C1 - Commission Report
Evidence of the opposite party:-
RW1 - P.T. Jospeh (Witness)
RW2 - Sumathi Sarasan (Witness)
RW3 - Bindu.B (Witness)
Ext.B1 - Copy of Petition
Ext.B2 - Lawyer Notice
Ext.B3 - Attested Copy of Acknowledgement card & Postal Receipt
Ext.B4 - Brochure of Murickens Group
Ext.B5 - Copy of Order
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
