DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 13th day of April, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 06/07/2019
CC/192/2019
Shereef A - Complainants
Zaira Manzil, Friends Avenue,
Poochira, Pudupariyaram,
Palakkad – 678 731.
(Party in person)
Vs
1. Hi- Tech Agency,
Mercy College Road,
Chakkamthara,Palakkad.
2. V-Guard Industries, - Opposite Parties
Registered Office,42/962,
Vennala High School Road,
Vennala, Cochin- 680 028.
( OP1 set exparte)
(For OP 2, Adv. Santhosh.T)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. The Complainant purchased a Solar Water Heater(Model – Vinhot -100) from the opposite party No.1 and is aggrieved by the alleged poor performance of the same. Complaint allegation is that the water heater is not able to supply sufficient quantity of hot water and it is due to manufacturing defect. He contents that when the matter was reported to the ‘customer care’ of the manufacturing company, i.e. opposite party 2, they deputed the service personnel for inspection and they informed that everything is fine. Inspite of this, the complainant is still not satisfied with the working of the solar water heater and hence the complaint.
2. Opposite party 1 was set exparte.
3. Opposite party 2 filed their version duly explaining the technical aspects of the working of solar water heater and how the hot water generation vary with the weather conditions.
-“Maximum hot water on clear sunny days.
- Moderate hot water on partially cloudy day.
- No hot water on heavily overcast days”
Opposite party 2 also confirm that the service personnel duly attended the calls of the complainant and informed that the heater was working properly.
4. The aforesaid being the case, any manufacturing defect of the solar water heater can be ascertained only by an expert Commission appointed for the purpose. On 17/10/2019, the complainant filed IA.245/19 for appointing an expert Commission and accordingly Prof.C.K.Krishnaprasad, Department of Electrical and Electronics, NSS Enginering College, Akathethara, Palakkad was appointed as the Expert Commissioner to inspect the water heater and file detailed report.
The notice sent to the Expert Commissioner in the above address was returned with reason “No such Addressee in this Address”.
On 06/11/2019 complainant was directed to submit a fresh panel of Experts, but the complainant failed to do so. Finally on 22/09/2021 the complainant filed a statement stating that he is not interested in taking out a Commission.
5. IA.20/22 submitted by the counsel of opposite party 2, for cross examination of the complainant, came up for hearing on 18/01/2022 and it was allowed and the complainant was directed to stand trial on 07/04/2022.
The complainant was continuously absent from 22/09/2021 onwards. Hence the Commission took up the complaint for orders based on merits.
In the facts and circumstances of the case, the complainant has not proved his allegations of manufacturing defects by adducing cogent expert evidence. Hence the complaint is dismissed as not proved.
Pronounced in the open court on this the 13th day of April 2022.
Vinay Menon V
President
Vidya.A
Member
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Tax invoice bearing number 147 dated 29/11/2018.
Ext.A2 - User manual & warranty card issued by the manufacturer.
Exhibits marked on the side of Opposite parties
NIL
Cost: Nil
