By Sri. MOHANDASAN.K, PRESIDENT
1. The case of the complainant is that he purchased a water tank with capacity of 2000 liters from the first opposite party shop. The water tank has got warranty of 10 years but the same became defective within 2 years of purchase. The complainant approached the shop and they contacted the manufacturer and they in turn deputed a person to verify the complaint. He said to the complainant that the tank cannot be replaced. Then the complainant contacted again the opposite party but they were not ready to settle the issue. Hence the prayer of the complainant is to pay Rs.20,000/- towards the cost, fitting charge and mental agony.
2. On admission of the complaint notice was issued to the opposite parties and the opposite parties entered appearance and filed version. The opposite parties admitted that the complainant purchased a water tank as stated in the complaint. But they denied all other averments and allegations in the complaint. The submission of the opposite parties are that when the complainant informed the first opposite party then itself the first opposite party telephoned the second opposite party and a technician was deputed to examine the defect of water tank without any delay . The complainant shown a crack on the water tank to the technician and the technician examined the same and found that the crack was not due to manufacturing defect but due to placing a water motor weighing about 30 kilogram and working the same for a long period. The contention of the opposite party is that they are not liable for the defects solely caused due to the acts of complainant. The opposite party was prepared to rectify the defects even though the defect was caused due to the act of complainant itself. But thereafter complainant never turned to the opposite party and so the opposite party is not liable to pay any compensation as prayed.
3. The complainant and opposite parties filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 and A2. Ext. A1 is copy of estimate for Rs.9,400/- . Ext. A2 is copy of warranty card. The documents on the side of opposite party marked as Ext. B1. Ext. B1 are copies of photo graphs dated 19/02/2021. Heard both side and perused the documents and affidavits.
4. The issue in this complaint is that a water tank with warranty for 10 years became defective within 2 years of purchase. The opposite party admits that there is defect to the water tank as alleged in the complaint. But the contention of the opposite party is that the reason for the defect is the act of complainant itself. The opposite party alleges the complainant placed a water motor over the water tank weighing 30 kilogram. But the complainant submit that the water tank is only below three kilogram and it is hanging on a branch of tree near to the water tank. It appears the contention of the opposite party is an exaggerated one and baseless. If the opposite party had such contention that a water motor weighing 30 kilograms placed on the water tank it could have been proved properly. So we do not find evidentiary value for the contention of the opposite party for the cause of crack to the water tank. It can be seen that the opposite party has admitted 10 years warranty for their product water tank. The defect to the water tank caused within two years of purchase. In the interest of justice and to keep the good will of the product it was proper on the side of opposite party to replace the defective product.
5. The complainant approached the opposite party to replace the defective product or to rectify the defect. Since the opposite party not responded properly present complaint is prepared seeking a compensation of Rs.20,000/- rupees. In the interest of justice it will be proper to direct opposite parties to refund the cost of water tank worth Rs.9,400/- along with compensation and cost of Rs.5,000/-. Hence we allow the complaint as follows:-
- The opposite parties are directed to refund Rs.9,400/- (Rupees Nine thousand four hundred only) to the complainant as the cost of water tank.
- The opposite parties are directed to pay Rs.5,000/- (Rupees five thousand only) as cost and compensation for the deficiency in service and thereby caused inconvenience and hardship to the complainant
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant entitled to 12% interest per annum for the above said entire amount from the date of order till realization.
Dated this 8th day of February, 2022.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 and A2
Ext.A1: Copy of estimate for Rs.9,400/-.
Ext.A2: Copy of warranty card.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Ext. B1
Ext.B1: Copy of photo graphs dated 19/02/2021.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
