By Smt. Saji Mathew, Member: The gist of the case is as follows: The complainant had approached the opposite party on 19.04.07 for purchasing a Solar Light system intending to reduce the consumption of electricity in the consvent of which the complainant is the mother superior. The opposite party agreed to install the solar light system suitable for the institution of the complainant within one month and the complainant paid an advance of Rs.5,000/- on the same day itself. In the first week of 2007 June, the opposite party had installed the same at the institution of complainant. The system did not work on that day and the opposite party explained that the system would work when the Battery got charged. It was June and the complainant thought that the system did not function due to lack of sunlight. On 19.06.07, the complainant had paid the balance of price and the opposite party instructed her to buy an inverter also. Including the price of inverter, the opposite party had given a bill Contd....2) 2 for Rs.36,030/-. The complainant had paid the entire price. For installing the inverter, the complainant had done wiring in the institution. 2. After the installation of inverter, the battery got charged but the Solar light system did not function properly. The bulbs got continuously fused. The matter was informed to the opposite party. But opposite party did not respond. The complainant disconnected the electric supply to the inverter and after one week, even a single bulb did not light. So the complainant was convinced that the solar light system purchased from the opposite party is defunct. It did not serve the purpose for which it was bought. So the complainant was put to great difficulty and financial loss. The opposite party did not respond to the phone calls or letter sent by the complainant. But to the registered lawyer notice he has sent reply and stated that the solar panal and battery had got a warranty period of 2 years. But the opposite party had not given any warranty to the complainant. So the complainant prays for an order directing the opposite party to install a new solar light system at the complainant's institution or to return the price of Rs.36,030/- to the complainant. The complainant also claims for Rs.5,000/-as expenses incurred for wiring, Rs.2,000/- incurred for replacing the fused bulbs and travel expenses. The complainant also pray, for a compensation of Rs.10,000/-. 3. The complainant was examined as PW1. Ext. A1 to A6 were marked. The opposite party was set exparte. 4. In this case, the matters to be decided are as follows. (1) Whether there is any deficiency in service on the part of the complainant? (2) Whether the complainant is entitled for any relief. Contd......3) 3 5. Point No.1: In this case, Ext. A1 proves purchase and price of solar light system and inverter. Ext. A2, A3, A4 and A5 shows that complaints were made to the opposite party. Ext. A6 the reply notice of the opposite party shows that the solar light system sold by the opposite party is note sufficient for the use of the complainant. The opposite party himself has installed the system and at the time of installing itself, he knows that the system does not suit the purpose of the complainant. He states that the system was working perfectly till two months. But the opposite party has not appeared or tendered any evidence. So the evidence adduced by the complainant is accepted and the point No.1 is found against the opposite party. 6. Point no.2. The complainant is entitled for the replacement of the solar light system or the return of the expenses incurred by the complainant for buying and installing the system. The complainant is also entitled for compensation. Hence, the Opposite Party is directed to replace the solar light system installed at the institution of complainant or to pay Rs.36,030/- (Rupees Thirty six thousand and thirty only) the price of the system. The Opposite Party is also directed to pay compensation and cost of Rs.2,500/- ( Rupees Two Thousand and five hundred only) to the complainant. The opposite party has to comply with this order within 30 days of this order. Pronounced in the open Forum on the day of 30th June, 2008. PRESIDENT: Sd/- MEMBER: I Sd/- MEMBER: II Sd/- /True copy/ Sd/- PRESIDENT CDRF, WAYANAD. 4 APPENDIX: Witness examined for complainant: PW1 Sr. Christina Complainant Witness examined for opposite parties Nil Exhibits marked for complainant: A1 Bill No. 081 Dt. 19.6.2007 A2 Copy of letter Dt. 27.1.2008 A3 Copy of lawyer notice Dt. 28.2.2008 A4 Postal receipt A5 A.D Card A6 Reply notice Exhibits marked for opposite party: Nill
