Kerala

Idukki

CC/143/2018

V K Mani - Complainant(s)

Versus

M/s Ammini Solar Pvt Ltd - Opp.Party(s)

30 May 2019

ORDER

DATE OF FILING :16/07/18

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of May 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 143/2018

Between

Complainant : V.K.Mani,

Vadakkekkunnel,

Kalayanthani P.O.,

Thodupuzha, Idukki

And

Opposite Party : 1 . M/s Ammini Solar Pvt.Ltd.,

Plot No.33-37/RINFRA Small Industries Park,

St.Xaviers College Post,

Thiruvananthapuram, Pin – 695 586

2 . M/s Ale Electronics,

Adam Star Complex,

Thodupuzha 685 584.

(By Adv: Joseph George)

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant installed a solar house connection manufactured by the first opposite party and marketed by the second opposite party by paying Rs.47,000/- on 27/04/13. At the time of purchase opposite parties 1 and 2 promised and assured 5 years warranty for its battery. On 11/08/17, the system showed complaint and immediately registered a complaint with the first opposite party. On 22/08/17, the mechanic of the first opposite party inspected the system and found that the battery was defective and even though they repaired it, the defect was not cured. Again the complainant approached the first opposite party and registered complaint. Thereafter on 15/09/17, the first opposite party replaced the battery with a spare one. But on 15/10/17, the mechanic of the first opposite party replaced the old battery and took away the spare one, and said that the old battery will work without any default for 2 days charging. The complainant charged the old battery

(Cont....2)

 

-2-

till 18/10/17, but the system could not functioned. Thereafter the complainant approached the opposite parties till 04/01/18, more than 10 times, the opposite parties failed to extent proper service to the complainant. Complainant further averred that, as per the warranty certificate, the battery of this system covers 5 years, ie, till 21/05/18, opposite parties failed to cure the defects of this system and it amounts to gross deficiency in service and unfair trade practice. Against this the complainant approached this Forum and filed this complaint seeking relief such as to direct the opposite parties to cure the defect of the system or else repay the amount of the system, further direct the opposite parties to pay compensation and cost.

 

Upon notice the second opposite party entered appearance and filed reply version. Even though the notice was accepted by the first opposite party, failed to appear before this Forum and resist the allegations against them. Hence the first opposite party set ex parte.

 

In their version the second opposite party contented that, they were the agent of the first opposite party and their duty is to introduce the customers to the first opposite party on commission basis. Opposite party admitted the installation of house connection to the complainant. Opposite party further contented that, here also the second opposite party introduced the complainant to the first opposite party and the technician of the second opposite party installed the system in the house of the complainant. Complainant remitted the price of the system directly to the first opposite party company and the first opposite party issued the invoice bill and warranty certificate. From of 2014 onwards, the second opposite party withdrawn the commission agency of the first opposite party, due to the non payment of the commission as promised by the first opposite party. For realising the commission, the second opposite party filed a civil suit against the first opposite party before the Munsiff Court, Thiruvananthapuram as OS No.586/18, it is pending trial. Hence from 2014 onwards there is no relationship with the first opposite party and the second opposite party in no way liable to compensate the complainant.

 

Evidence adduced by the complainant by way of documents. Documents such as invoice dated 27/04/13, warranty certificate of the first opposite party,

(Cont....3)

-3-

and filed service report dated 25/10/17 are marked as Ext.P1 to Ext.P3 respectively.

 

Heard both sides,

 

The point for consideration is whether there was any deficiency in service from the part of the opposite party, and if so, for what relief the complainant is entitled to?

 

The Point:- On examining the evidence on record, it is revealed that complainant purchased the system from the first opposite party and the first opposite party issued Ext.P1 to Ext.P3. The second opposite party acted only as an intermediary. More over it is seen that, the complainant registered the complaint before the first opposite party and the technician of the first opposite party attended the defect of the system. From the records it is very clear that the system covers warranty till 21/05/18. It is the sole liability of the first opposite party to cure the defect to the satisfaction of the customer.

 

In this case, the Forum is of a considered view that the first opposite party, being the manufacturer as well as the warranty provider, is liable to cure the defect of the system discussed above and the second opposite party has no rule. The act of the first opposite party in non-providing after sale service is amounts to gross deficiency in service.

 

Under the above circumstances complaint allowed. The first opposite party is directed to cure the defect of the solar house connection system of the complainant to the satisfaction of the complainant or else the first opposite party is directed to repay the amount as per Ext.P1 invoice to the complainant along with Rs.5000/- as compensation and Rs.2000/- as litigation cost within 30 days from the date of receipt of the copy of this order, failing which the amount as per Ext.P1 bills will carry 12% interest from the date of default, till its realisation.

Pronounced in the Open Forum on this the 30^th day of May, 2019.

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT.ASAMOL P. (MEMBER)

(Cont....4)

-4-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Invoice dated 27/04/13

Ext.P2 - Warranty certificate of the first opposite party

Ext.P3 - Service report dated 25/10/17

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT