Date of filing : 13-07-2012
Date of order : 18-10-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.227/2012
Dated this, the 18th day of October 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Moideenkunhi.M, } Complainant
S/o.K.Mohammed (Late),
“Bakkar Villa”, Kappil,
Po.Udma, Kasaragod. 671319.
(In Person)
Manager, Madathil Marketing, } Opposite party
Madathil Building, Keezhoor. Post,
Thalayalaparambu, Kottayam,
Kottayam.Dist.686 605
(Exparte)
O R D E R
SMT.P.RAMADEVI, MEMBER
The fact of the case in brief is that the complainant had purchased a solar water heater from the opposite party for an amount of `29,500/-.Opposite party had arranged a financier for the purchase. The complainant had handed over post dated cheques to the opposite party so as make repayment of the financier arranged by the opposite party. The opposite party had installed the solar heater in the newly built house of the complainant. The house warming of the newly built house was on 18-07-20111. After the house warming the complainant noticed that the solar water heater supplied by the opposite party is not functioning properly. It was leaking. The complainant made several requests to opposite party over phone but the opposite party refused to turn up. Ultimately the complainant had made a visit to the office of the opposite party with a request to repair or replace the solar water heater. Accordingly the opposite party sent a person to repair and but he failed in his attempt to repair. Except a single instalment of `3,654/- the complainant paid the entire amount. Now the water heater is leaking. The complainant could not use the water heater even for a single day. Hence the complaint is filed for necessary relief.
2. After admitting the complaint on file the Forum issued notice to the opposite party. The opposite party duly served the notice but failed to appear before the Forum and set exparte.
3. The complainant is examined as PW1 and Ext.A1 marked.
4. Here the only question to be answered is whether there is any deficiency in service on the part of opposite party or not?
5. Here the specific case of the complainant is that the opposite party failed to repair his water heater irrespective of his repeated requests for repair. According to the complainant he installed the water heater in his newly constructed house. He used the water heater after one year of its installation. At the time of installing the water heater it was working. Here there is no contra evidence before the Forum to disprove the case of the complainant. On going through the facts of the case we are of the opinion that opposite party failed to provide after sale service to its customers. That itself is the deficiency in service on the part of the opposite party.
Therefore the complaint is allowed and opposite party is directed to repair the water heater within one month of receipt of copy of the order. Failing which the opposite party is directed to refund the amount of `29,500/- to the complainant. The opposite party is also directed to pay `2,000/- to the complainant towards compensation for mental agony and `1,000/- for cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.
MEMBER MEMBER PRESIDENT
Exts.
A1.22-6-2010 Retail Invoice for an amount of `29,500/- issued by OP.
PW1. M.Moideen Kunhi
MEMBER MEMBER PRESIDENT
Pj/
