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 pay a sum of Rs.37,370/- 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. So the complainantsend a Registered letter to opposite party No.2 on 06.02.2016. The water is leaking from the tank for the past one year. The wastage 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 Rs.37,370/- and interest and to pay compensation of Rs.30,000/- and cost of Rs.10,000/- to the complainant.
3. Notice were served to opposite parties on 03.12.2016 and 07.11.2016 respectively and opposite party No.1 appeared and filed version. Opposite party No.2 not appeared and not filed version, hence he is declared ex-parte on 16.12.2016. 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 A5 documents were marked. Ext.A1 is the Cash Invoice for solar water heater 200 LPDFPC for Rs.37,370/- dated 29.11.2014 which proves the purchase. Ext.A2 is the warranty Certificate issued by the opposite party No.2 for the solar water heater 200 LPDFPC o number for one year. Ext.A3 is the affidavit given by the opposite party No.2 stating that 5 years guarantee will be provided for satisfactory performance of the Solar Water Heater system. Ext.A4 is the Acknowledgment card, which shows that the registered letter No.RL951880175IN on 06.02.2016 of Sulthan Bathey S.O. 673592 is delivered to the addressee on 10.02.2016. Ext.A5 is the copy of complaint given to the opposite party No.2 dated 02.02.2016.
5. 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 B5 documents were also marked. Ext.B1 is the same copy of Ext.A5. Ext.B2 is the copy of complaint given by the complainant to the Director, Solar Thermal Division MNRE CGO Complex, Lodhi Road, New Delhi-110003 regarding the same issue. Ext.B3 is the Receipt issued by opposite party No.2 for deposit of Rs.10,000/- from opposite party No.1 towards dealership deposit. Ext.B4 is the Deed of Dissolution executed on 31.05.2016 between opposite party No.1 and 2. Ext.B5 is the copy of Accreditation of channel partners for solar water heating systems under off grid and Decentralized Solar Thermal application under JNNSM renewal regarding issued by Government of India, Ministry of New and Renewable Energy(Solar Thermal division) in which the opposite party No.2 has accredited in SL No.60 of the list.
6. The complainant took a commission to examine the system and commissioner filed report and it is marked as Ext.C1. Ext.C1 sows that ''the Solar Water Heater is identified by the commissioner and reported that there is leakage in the tank and that portion is rusted and also the incoming water joint also get rusted. In the two copper pipe, one pipe is also leaking and it is also rusted. No damage or any symptoms of any rough use is seen in the tank. There is no ISI, BIS symbols or numbers as prescribed by the Ministry of New and Renewable Energy, Government of India and in one collector SL No.STD682 is written and concluded that the inspected Solar Water Heater is a low quality product''.
7. 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.
8. 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.2. This is proved by the documents produced by both the parties. The alleged complaints and leaks is reported by the District Engineer, ANERT District Office, Wayanad, Kalpetta the Commissioner appointed from the Forum. No objection also filed against the commissioner Report.
9. Hence on perusal of complaint, version, documents, evidences and commissioner Reports 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.
10. Point No.2:- Since the Point No.1 is found against the manufacturer ie opposite party No.2, opposite party No.2 is liable to replace the Solar Water Heater system with a new one or to refund the value of the system ie Rs.37,370/- to the complainant. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.2 is directed to replace the Solar Water Heater system with a new one or to refund the value of Rs.37,370/- (Rupees Thirty Seven Thousand Three Hundred and Seventy) with Rs.5,000/- (Rupees Five 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 5th day of April 2017.
Date of Filing:14.10.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Biju Peter. Priest.
Witness for the Opposite Parties:-
OPW1. Jyothish. Business.
Exhibits for the complainant:
A1. Cash Invoice. Dt:29.11.2014.
A2. Warranty Certificate.
A3. Affidavit. Dt:29.11.2014.
A4. Acknowledgment Card. Dt:29.03.2016.
A5. Copy of Complaint. Dt:02.02.2016.
C1. Commissioner Report. Dt:03.03.2017
Exhibits for the opposite parties:-
B1. Copy of complaint. Dt:02.02.2016.
B2. Copy of complaint. Dt:10.10.2016.
B3. Copy of Receipt. Dt:12.03.2014.
B4. Copy of Deed of Dissolution. Dt:31.05.2016.
B5. Copy of Accreditation of Channel Partners for Solar Water Heating Systems under off-Grid and Decentralized Solar Thermal Applications under JNNSM-Renewal Regarding.
Sd/-
PRESIDENT, CDRF, WAYANAD.
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