By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to replace the solar water heater or to repay the sum received by opposite party with interest and to pay cost and compensation.
2. Brief of the complaint:- The complainant had purchased a Solar Water Heater from the opposite party No.1, which was manufactured by opposite party No.2. But its water tank leaked within one year, complainant informed the issue to the company several times through telephone and letters. But there was no positive response from the opposite parties. The water is leaking from the tank for the last one and half year. Thewastage of water in the present environment must be a crime. Hence filed this complaint to get an order directing the opposite parties to replace the Solar Water Heater or to pay the value and interest and to pay cost and compensation to the complainant.
3. Notice were served to 1st opposite party on 04.11.2016 and opposite party No.1 appeared and filed version. Opposite party No.2's notice returned stating that ''refused'', hence he is declared ex-parte on 25.11.2016. Opposite party No.3's notice served on 04.01.2017 but not appeared and not filed version. Hence he is declared ex-parte on 08.02.2017. Opposite party No.1 filed version stating that sale of solar water heater is admitted and further stated that for the manufacturing defects and complaints, the opposite party No.2 is given the guarantee and warranty and if any such defect is reported, opposite party No.2 is only responsible for the same. The opposite party No.1 is only a dealer and prayed to exonerate him from the liability.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the Cash Invoice for solar water heater 100 LPDFPC for Rs.24,240/- dated 16.12.2014 which proves the purchase. Ext.A2 is the warranty Certificate issued by the opposite party No.2 for the solar water heater 100 LPDFPC number for one year. Ext.A3 is the Identity card given by the opposite party No.1. Opposite party No.1 also filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Ext.B1 to B7 documents were marked. Ext.B1 is the copy of intimation given by the opposite party No.1 to the opposite party No.2 regarding the complaint of solar system and regarding the consumer complaint. Ext.B2 isthe Postal Receipt for Ext.B1 request. Ext.B3 is the Deposit Receipt for Rs.10,000/-, which is given by the opposite party No.3 to the opposite party No.1 for dealership. Ext.B4 is the copy of Authorization Letter given by the opposite party No.3 to opposite party No.1 to deal with the solar system of ''SUNRISE''. Ext.B5 is the copy of Dissolution deed between opposite party No.1 and opposite party No.2. Ext.B6 is the Accreditation of channel partner for solar water heater system under Off Grid and Decentralized Solar Thermal Application under JNNSM Renewal regarding issued by the Ministry of New and Renewable Energy (Solar Thermal Division). Ext.B7(1) is the terms and conditions agreed between opposite party No.1 and 2 after dissolving the firm between opposite party No.1 and opposite party No.2. Ext.B7(2) is the Certificate issued by the General Secretary, Kerala Vyapari Vyavasayi Ekopana Samithi Wayanad stating that opposite party No.2 has not complied the terms and conditions agreed between the parties as per Ext.B7(1) Agreement.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from
the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- In the version, opposite party No.1 admitted the sale and further stated that if any leakage or manufacturing defect is there it is guaranteed by the opposite party No.3. This is proved by the documents produced by both the parties. The alleged complaints and leaks is also proved by testimony and documents.
7. Hence on perusal of complaint, version, documents, evidences we found that the alleged complaint is genuine and the non curing of the defects in the tank by the opposite parties are a clear case of deficiency of service and unfair trade practice and the complainant is entitled to get replace of the system or to get refund of the value of the system. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the manufacturer ie opposite party No.3 and opposite party No.2, opposite party No.2and 3 are liable to replace the Solar Water Heater system with a new one or to refund the value of the system ie Rs.27,240/- to the complainant. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.2 and 3 jointly and severally is directed to replace the Solar Water Heater system with a new one or to refund the value of Rs.24,240/- (Rupees Twenty Four Thousand Two Hundred and Forty) with Rs.3,000/- (Rupees Three Thousand) as cost and compensation to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for the whole amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 3rd day of May 2017.
Date of Filing:15.10.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Muhammed Kutty. Pravasi.
PW2. Unnikrishnan. Electrical, Plumbing.
Witness for the Opposite Parties:-
OPW1. Jyothish. Service Provider in ANERT.
Exhibits for the complainant:
A1. Cash Invoice. Dt:16.12.2014.
A2. Warranty Certificate.
A3. Business Card.
Exhibits for the opposite parties:-
B1. Copy of Intimation Letter. Dt:07.11.2016.
B2. Copy of Postal Receipt.
B3. Copy of Deposit Receipt. Dt:12.03.2014.
B4. Copy of Authorization Letter. Dt:12.03.2014.
B5(1). Copy of Deed of Dissolution (page 1). Dt:31.05.2016.
B5(2). Copy of Deed of Dissolution (page 2).
B5(3). Copy of Deed of Dissolution (page 3).
B6. Copy of Accreditation of Channel Partners for Solar Water Heating System
Under Off-Grid and Decentralized Solar Thermal Applications under JNNSM- Renewal Regarding, issued by Ministry of New and Renewable Energy.
B7(1). Copy of Terms and Conditions.
B7(2). Copy of Certificate issued by the General Secretary, KVVES, Wayanad.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
