D.o.F:26/5/2011

D.o.O:28/7/2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                         CC.NO. 119/11

                         Dated this, the 28th   day of July 2011

PRESENT:

SRI.K.T.SIDHIQ                                        : PRESIDENT

SMT.P.RAMADEVI                                 : MEMBER

SMT.BEENA.K.G                                   : MEMBER

Kunhahammed Haji,

Paranganam House,

Po.Movval,Pallikkara,,Kasaragod                                         : Complainant

(in person)

Manager,

Madathil Marketing Co.

28/1264, Near NSS Karayogam,                                           : Opposite party

K.P.Vallon Road, Kadavanthara, Cochi-682020.

(Exparte)

                                                                   ORDER

SMT.P.RAMADEVI      : MEMBER

Complaint in brief  are as follows:

     That the complainant purchased a solar water heater from opposite party on 22/7/08 for an amount of `17500/- and the same was installed by the workers of opposite party.  For a few months the water heater system was worked properly.  But after that the working condition of the solar water heater was diminishing.  Then the complainant informed this to the opposite party as well as his agent at Kozhikode.  But the  opposite party has not cured the defects.  Moreover the outside agencies are not  ready to repair the solar water heater.  Therefore the complainant sent a registered lawyer notice to opposite party to repair the system but they failed to comply the demands made in the  notice or to place any reply.  Hence this complaint.

2.  Here after taking the complaint  this forum issued  due notice  to opposite party.  On receipt of the notice  opposite party neither appeared nor filed any version.  Hence name of opposite party called absent and set exparte. 

3.   Complainant examined as PW1 and Exts.A1&A2 documents  marked.

4.  After considering the facts on records the following issues raised for consideration.

   1. Whether the opposite party committed any deficiency in service?

  2. If so what is the order as to costs?

5.   Here Ext.A1 the retail invoice shows the purchase of the solar water heater by the complainant on 22/11/08 for an amount  of `17500/-.  Ext.A2 shows that the complainant made repeated demands to repair the solar system.  But even though the complainant requested to get the solar water  heater repaired  the opposite party has not heeded the request of the complainant and he failed to provide after sale service to its  customers.  Moreover no other outside agency is ready to repair the article.  No contra evidence is adduced before the Forum  that means there is deficiency in service on the part of the opposite party.

   Hence we  allow the complaint and the opposite party is directed to repair the Solar water heater at their on cost and also directed to pay  `3000/- towards compensation  for mental agony and hardship and also  pay `1000/- towards cost of the proceedings to the complaint.  Time for compliance is  30 days from the date of receipt of copy of the order.  Failing which the opposite party is directed to refund `17500/-, the price of the solar water heater and also the same compensation of  `3000/- and cost of `1000/- to the complainant.

Exts:

A1-Retail invoice

A2-3/3/11-Copy of lawyer notice

Sd/                                                                        Sd/                                    Sd/

MEMBER                                                     MEMBER                                 PRESIDENT      

eva

/Forwarded by Order/

SENIOR SUPERINTENDENT