BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1569/2016

DATED ON THIS THE 24^h March 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite party to replace the damaged solar panels and to direct the opposite party to pay Rs.34,710/- to the damaged panels along with interest at 12% p.a. from the date of complaint with costs and such other reliefs.
2.     The brief facts alleged in the complaint are that the complainant purchased solar equipment on 17.10.2015 and paid Rs.34,170/-.  Subsequently, it is noticed that the solar panels were in damaged condition.  The complainant approached the opposite party several times through phone and sent a letter on 03.06.2016 to replace of the solar panels.  But, the opposite party did not oblige to do so.  Thereby, there is deficiency in service.  Hence, this complaint is filed.
3.     The opposite party is served with notice, absent, placed exparte.  Then this matter is posted for evidence.  During evidence, on behalf of complainant, he has filed his affidavit evidence and further evidence closed.  Written arguments filed by the complainant, even heard the oral submissions.  Then this matter is posted for orders.
4.     The points arose for our consideration are:-

1. Whether the complainant establishes that the opposite party has supplied damaged solar panel, thereby committed deficiency in service, as such, complainant is entitled for the reliefs claimed?
2.  What order?

5.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

6.    Point No.1:- To establish the transaction, the complainant has produced the tax invoice dated 17.10.2015.  In this document, 5 items are sold to the complainant for Rs.34,710/-.  After installing the solar panel, the damage is noticed by the complainant which was bought to the notice of opposite party by E-mail correspondence.  In spite of it, opposite party did not attend. Thereby legal notice was issued on 08.08.2016. Even then, opposite party did not attend the repair work or change the defective product, it amounts to deficiency in service on the part of opposite party.  Thereby, this complaint is filed with a request to replace the damaged solar panel.  Thereby, opposite party is liable to answer the claim.  The present complainant has sought for relief, one is replacement of the damaged solar panel or in the alternative to pay the amount paid by him i.e. Rs.34,710/- with interest.  Thereby, complainant is entitled for the reliefs sought.  Hence, Point No.1 is answered partly in the affirmative.
7. Point No.2:- In view of the findings recorded on point No.1, opposite party is liable to replace the damaged solar panel or in the alternative opposite party has to pay sum of Rs.34,710/- being cost of the damaged solar panel with interest at 12% p.a. from the date of complaint till payment.  Opposite party is also liable to pay Rs.10,000/- towards compensation with litigation expenses of Rs.2,000/-.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is directed to replace the damaged solar panel in one month from the date of this order

OR

In the alternative, to pay Rs.34,710/- being the cost of damaged solar panel with 12% p.a. interest from the date of this complaint i.e. 19.11.2016 till payment.

3. The opposite party is hereby directed to pay Rs.10,000/- towards compensation and Rs.2,000/- towards litigation expenses to the complainant, within one month from the date of this order, failing which the said sum of Rs.12,000/- shall carry interest at 12% p.a. from date of this complaint i.e. 19.11.2016 till compliance is made.
4. In case of default to comply this order, the opposite party undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 24^h March 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER