By Smt. Bindu. R,  President:

          This complaint is filed by Abdul Latheef. M,  Malluvassery  Veedu,   Nethaji Road, Mananthavady  against  Masco  Buildwares, Near Juma Masjid,  Mananthavady and another alleging  deficiency of service.

          2. The Complainant states that the Complainant had purchased a water tank having capacity of 1000 litres  with 10 years guarantee and having ISO certification on 29.12.2019 for his residential  purpose  from the 1^st  Opposite Party who  is the  dealer  which is manufactured  by the 2^nd  Opposite Party. The tank was installed in accordance with the conditions stipulated by the company as stated  in the guarantee card.  During  May 2023,  crack was formed in the tank in the portion where the unit is fitted and thereby water  was leaking through that crack.  The said fact was informed to the 1^st Opposite Party and as per  suggestion of the 1^st  Opposite Party, a complaint was  made to the 2^nd  Opposite Party.  An Executive from the company came to the spot and after inspection  it  was informed that the crack is due to the defect of the tank and said that the tank is  to be replaced.  The Complainant states that, there after it was informed from the company over phone  that the tank cannot be replaced.  The Complainant states  that there after when the Complainant approached the 1^st  Opposite Party,  it was informed by the 1^st  Opposite Party that the  guarantee will be given if the condition stipulated under the  new guarantee card is followed.  According to the Complainant,  the guarantee conditions provided at the time of purchasing  the tank  are complied with and hence  he requested the 1^st  Opposite Party to replace  the water tank with a new  one.  But the Opposite Parties are blaming each other without curing the defect.  Even though the Complainant tried to close the crack in the water tank by using  M seal the said effort had also turned futile  and hence the complaint alleging deficiency of service  from the side of the Opposite Parties.

          3. After accepting  the complaint into the file, the Commission issued notice and were served to the Opposite Parties.  Both the Opposite Parties did not turn up and hence set exparte.

          4. Evidence in this case consists of Ext.A1 and A2 and  MO1 and chief affidavit of the Complainant.

          5. In this case the following  questions are to be considered  by the Commission.

1. Whether there is any deficiency of service or unfair trade practice  from the side of the  Opposite Parties against the Complainant?
2. Compensation and costs to be awarded in this case.

6. In this complaint,  1^st  Opposite Party is the dealer and 2^nd  Opposite Party is

the  manufacturer of the  water tank  purchased by the Complainant.  As per Ext.A1 bill dated 29.12.2019 a total amount of Rs.8,530/- is charged by the  1^st  Opposite Party for  the water tank and for the  accessories.  Ext.A2 is the guarantee card issued to the Complainant by the  1^st  Opposite Party which bears the seal of the  1^st  Opposite Party.  On the back side of Ext.A2  the guarantee period  is mentioned as  10 years.  According to the Complainant the tank  was installed  and used by him in accordance  with the guarantee conditions.  MO1 is a  pendrive which contains the photos and videos of the defects alleged in the  complaint.  According to the Complainant,  the tank became useless within 3 ½  years of purchase due to the  formation of  crack in the tank.  Because of the leak of water from the tank,  the Complainant states that he has to use the motor for pumping water  for 3-4 times a day  and  there by he had to pay a huge amount towards  electricity charges.  The Opposite Parties were not ready to replace the defective tank even though the representative of the company suggested  replacement and hence prays for a direction either to replace the tank or to repay the amount paid by the Complainant and for compensation for the loss and mental agony caused to the Complainant.   

          7. In this case the  Opposite Parties had not turned up to disprove the allegation in the complaint.

          8. Consideration of entire aspects in detail,  the chief affidavit and the documents produced , reveals that  Complainant purchased the water tank having  10 years guarantee had became defective within a period of 3 ½ years and the Opposite Parties are not even cared  to consider the grievances of the Complainant. The Opposite Parties are not cared to appear before  the Commission after accepting notice from this Commission  which shows  the view and approach adopted by  the Opposite Parties towards the Complainant in this case.  Considering all these aspects and the evidences in detail,   this Commission  is of the opinion that there is deficiency of service from the part of the Opposite Parties and hence  point No.1 is found infavour of the Complainant.

          9. Since point No.1 is found in favour of the Complainant,  the following orders are passed.

1.  1^st  and 2^nd  Opposite Parties are directed to replace the water tank of the Complainant  with a brand new one having  capacity of  1000 litres   along with  guarantee  or to repay the full amount received by the 1^st  Opposite Party as per Ext.A1  tax invoice to the Complainant.
2. 1^st  and 2^nd  Opposite Parties are directed to pay an amount of Rs.5,000/-  (Rupees Five thousand only) towards  compensation to the Complainant.

Needless  to  say  that    both   1^st and  2^nd  Opposite Parties  are   jointly  and

severally liable  to comply with the order within  one month of receipt of a copy of this order.  If the order is not complied with within  the stipulated period,  the 1^st and 2^nd Opposite Parties are liable to pay  interest   at the rate of 8% per annum for compensation awarded in this case and also for the amount in case of  return of the value of the water tank.

          Hence CC allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the  16^th   day of October 2023.     

Date of filing:05.06.2023.

                                                                   PRESIDENT    :  Sd/-

                                                                    MEMBER        :   Sd/-

                                                                   MEMBER        :   Sd/-

APPENDIX.

Witness for the Complainant:

PW1.             Abdul Latheef. M,                          Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1.       Tax Invoice.                          dt:29.12.2019.

A2.       Guarantee Certificate.           

MO1.    Pendrive.            

Exhibits for the Opposite Parties:

Nil.