By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The case of the complainant is that the Complainant approached the Opposite Party to purchase a solar water heater and as per his direction the Complainant had purchased a Solar Water heater, 150 LPD ETC PC from the Opposite Party for an amount of Rs.23,000/- on 03/09/2016 under invoice No135 and it was installed by the Opposite Party in the house of the Complainant on the same day. The capacity of the Water heater is 150 litre. At the time of purchase, the Opposite Party assured 5 years’ warranty for the product. After one year of installation, the water heater became defective, as the water coming out from the water heater was dirty. The complainant informed the opposite party about the defect of the water heater and the Opposite party came and repaired it. But while the complainant was using the water heater again the same defect had occurred. The complainant informed the defect on August 2018 to the opposite party and the workers of the opposite party came to the complainant’s house and inspected the water heater and rectified the defect. The solar water heater became again defective in the first week of October 2018. The Complainant informed the same to the Opposite Party, but he had not taken any steps to cure the defect and the water heater again became useless. The Complainant approached the opposite party and asked to replace the defective water heater under the warranty but he was not willing to replace it. The failure on the part of the opposite party to rectify the defects even after repeated attempts would substantiate the fact that the water heater supplied to the complainant was defective. It is the duty of the Opposite Party to replace the water heater with a new one. So the Complainant is praying for directing the Opposite Party to replace the water heater with new one or refund RS.23,000/-, the price of the solar water heater along with interest@ 12% per annum. The Complainant is also seeking RS. 10,000/- towards compensation and RS. 5,000/- towards cost. Hence this complaint.
3. After registration of the above number complaint, the Forum issued notice to the opposite party and he was duly served and he appeared before the Forum but he failed to file version and the Forum set him ex- parte.
On perusal of the complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency in service and unfair trade practice from
the part of the opposite party?
2. Whether the Complainant is entitled to get refund of the price of the
product?
3. Whether the complainant is entitled to get compensation?
4. Relief and cost.
4. From the side of the Complainant, he has appeared before the forum and submitted proof affidavit, in which he has affirmed and explained all the contentions stated in the Complaint in detail. He has also produced two documents, which were marked as Exhibits A-1 and A-2. Ext. A1 is the warranty card and Ext. A2 is the cash invoice.
5. Point No. 1 & 2 :- For the sake of convenience the point No. 1 and 2 are considered together:-
The case of the Complainant is that he had purchased a solar water heater from the Opposite Party. The product has 5 year warranty and during the warranty period the product became defective. When he complained about the defect of the product, the Opposite Party’s authorized staff came to the house of the Complainant & rectified it. In the second time also the defect was cured. Complainant’s case is that after the rectification of the product the second time, again the same defect occurred. So the Complainant contacted the Opposite Party but Opposite Party did not respond to Complainant’s request. The Complainant sustained much mental agony & hence filed this complaint alleging deficiency in service on the part of the Opposite party. The Complainant adduced oral evidence and documents produced were marked as Ext. A1 & A2. Ext. A1 is the warranty card & Ext. A2 is the invoice dated 03/09/2016. From the documents it can be seen that the the complainant had purchased the solar water heater from the Opposite Party by paying Rs.25,000/- on 03/09/2016 . On going through the Ext. A1, it can be seen that the problem of the solar water heater had started & rectified again and again, and the complaint had occurred during the warranty period. According to the Complainant, the product is defective and he could not use the same. Since the defects arose within the warranty period, the Opposite Party is liable to rectify the defect or replace or refund the price of the product. But the Opposite Party failed to rectify the defect during the warranty period. The Opposite Party, even after getting notice from the forum failed to appear before the forum. There is no contra evidence adduced on behalf of the Opposite Party and the allegation of the Complainant remains unchallenged. In the absence of Opposite Party’s evidence, there is nothing to disbelieve the claim of the complainant. Therefore, there has been deficiency in service from the side of the opposite party.
6. On going through the available records and submissions, the Forum found that there is deficiency in service from the side of the opposite party and he has sustained some difficulties. Hence the points are found infavour of the complainant.
6. Point No.3 and 4 Since Point No.1 and 2 are found against the opposite party, he is liable to pay a reasonable compensation and costs to the complainant.
In the result, the complaint is allowed as follows:- The opposite party is directed to replace the old Water heater with a new one free of cost or to pay the purchase price Rs. 23,000/- (Rupees Twenty three thousand only) to the complainant. The Opposite Party is further directed to pay to a compensation of Rs.5,000 (Rupees Five thousand only ) towards the mental agony and inconveniences suffered by the Complainant. The Opposite Party is also directed to pay cost of Rs.3,000 (Rupees Three thousand only) to the Complainant. Failing which, the Complainant is entitled to get 12% interest for all the amounts shown above till realization. The above order shall be complied within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the day of 7th August 2020.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. George Thomas. Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Warranty Card.
A2. Invoice (Form No.8B) dt:03.09.2016
Exhibits for the Opposite Party:-
Nil.
