Karnataka

Bangalore 4th Additional

CC/1031/2018

Annadurai.I, - Complainant(s)

Versus

M/s Anu Solar Power (Pvt ) Limited, - Opp.Party(s)

11 Jul 2019

ORDER

Complaint filed on: 15.06.2018

Disposed on: 11.07.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

 

 

CC.No.1031/2018

DATED THIS THE 11^th JULY OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.Annadurai.I

Aged about 70 years,

No.26, 3^rd Main,

Harikrishna Layout,

Rama Murthy Nagar,

Bengaluru-16

 

Inperson

 

V/s

Opposite party/s:-    

 

1. M/s.Anu Solar Power (Pvt.) ltd., No.248, 3^rd Cross,

8^th Main, 3^rd Phase,

Peenya Industrial Area,

Bengaluru-58.

Rep. by Proprietor

 

By Adv.Sri.K.T.Kushalappa

 

2. M/s.Deepa Enterprise,

No.9, Ashraya Layout,

Bharath Nagar, Magadi

Main Road, Bengaluru-91.

Rep. by Proprietor

 

Ex-parte

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party No.1 & 2, under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP.1 & 2 to take back the defective system and refund of Rs.30,000/- as compensation.                                                      

 

2. The brief facts of the complaint is as under:

The Complainant has purchased Anu Solar Water Heater 100 liters for Rs.19,150/- from OP.1 company on 23.08.07. After completion of warranty period, it was noticed that, there was leakage in the said system. Hence, OP.1 taken back the said leakage system for Rs.4,000/- and replaced with new system by collecting difference amount of Rs.11,505/- on 30.06.12. The 2^nd system also started leakage after completion of the warranty period. Since no other company takes the leakage system, the Complainant was forced to purchase the system of same brand of OP.1 company from OP.2 on 25.09.17 by paying Rs.14,500/-. The system was installed by the dealer of OP.1 company ‘Deepa Enterprise’/OP.2 on 25.09.17. The Complainant submits that, from the day of installation, the Complainant is getting only cold water instead of hot water. Hence, the Complainant approached the OP.1 & 2 on several times. But the OPs have not replaced the solar water system. Hence, Complainant filed this complaint.

 

3. After service of the notice from the Office, the OP.2 did not appear before this forum and hence, they called out as absent and have been placed exparte. The OP.1 appeared before this forum and filed objections. In the objection, the OP.1 submits that, Complainant had purchased the water heater of 100 liters capacity from the OP.1 company on 23.08.07 and it has warranty of 5 years. Again the Complainant purchased new water heater for Rs.15,300/- and Govt., has given subsidy of Rs.4,560/-. OP.1 has collected the amount from the Complainant of Rs.11,505/- on 30.06.12. The said new system was having 5 years warranty. The third new system was not purchased from the OP.1. The two systems purchased by the Complainant was having 5 years warranty. There are some manufacturers who cheat the public stating that they are Anu Solar Company and collect money illegally in their own name. It is the duty of the Complainant to enquire and find out who is the manufacturer of Anu solar heaters. The OP.1 further submits that, the OP.2 is not the dealer of OP.1 company, that is the reason the OP.2 has not produced any document to show that Deepa Enterprises is the dealer of OP.1. OP.1 has not issued invoice No.560011210 dtd.25.09.17 to any customer and at the bottom of the said invoice it is stated Deepa Enterprises. Hence, from the said invoice it is proved that the money was collected by Deepa Enterprises. The said new system was purchased by the Complainant from OP.2. Hence, prays this forum to dismiss the complaint against the OP.1 in the interest of justice and equity.

 

3a. The OP.1 further submits that, there are some independent agencies who illegally market their solar water heater products using OP.1 company name, in that connections, OP.1 has received several complaints and OP.1 has issued caution notice in Times of India newspaper dtd.13.12.15 and the complaints before the jurisdiction police station were lodged. Further, all other averments of the Complainant which are not specifically traversed with are denied as false and baseless. Therefore, OP.1 prays to dismiss the complaint with heavy cost since there was no deficiency in service by it.

 

4. In the course of enquiry into the complaint, the Complainant and the OP.1 has filed their affidavit reproducing what they have stated in their respective complaint and objection. Both have filed written arguments. Both parties have produced documents which were marked. We have heard the arguments of both sides and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OP.1 & 2, if so, whether he entitled for the relief sought for ?

 

2.  What order?

 

6. Our findings on the above points are as under:

Point No.1:  In the affirmative  

Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: Admittedly, the Complainant has purchased the solar water heater system from OP.1 first time on 23.08.07 by paying Rs.19,150/-. The same was installed by OP.1 on 23.08.07 as per Ex-A1 & A2. The 2^nd time, the solar water heater was purchased by the Complainant on 30.06.12 by paying Rs.11,505/-. For the said system, Govt., has given subsidy of Rs.4,560/-. The said solar water heater system was installed to the Complainant’s house by OP.1 on 30.06.12 as per Ex-A3 & A4.  The Complainant submits that, the said 2^nd system was having leakage problem. Hence, the Complainant has purchased Anu solar water heater from OP.2 by paying Rs.14,500/- on 25.09.17 as per Ex-A5 & A6. After installation of the said solar system, the Complainant was getting cold water instead of hot water. Hence, the same was complained to OP.1 & 2 several times, but the OPs have not turned up and rectified the problem in the solar water heater, though the system was having 5 years warranty.

 

8. Per contra, OP.1 contended that, he has not supplied the said solar water heater system to the Complainant on 25.09.17 and not issued the warranty for the said solar system.

 

9. On perusal of Ex-A5 it is mentioned that Deepa Enterprise i.e. OP.2 had supplied the Anu solar water heater system to the Complainant by collecting Rs.14,500/- on 25.09.17. The OP.2 has mentioned in the receipt that the said solar water heater is having 5 years warranty. Further, the OP.1 in the affidavit evidence stated that, OP.2 is not the dealer of OP.1 and there are some independent agencies who illegally market their solar water heater systems in the name of OP.1 company. For this, OP.1 has received several complaints and OP.1 has given public notice in Times of India newspaper dtd.13.12.15 and also given police complaints regarding illegal marketing in the name of Anu Solar/OP.1 company. To deny the said evidence of the Complainant and OP.1, OP.2 has not appeared before this forum. Hence, evidence of the Complainant and OP.1 remained unchallenged. Even after filing of the complaint, the OP.2 has remained absent though the notice served from office. If at all the OP.2 has rebutted their claim, the same could have been considered. In the absence of any rebuttal evidence, it is proper to accept the contention of the OP.1 that OP.2 is not the dealer of OP.1. The OP.2 had sold the solar water heater in the name of Anu Solar by giving 5 years warranty.

 

10. Admittedly, the 2^nd solar water heater system supplied by OP.2 to the Complainant’s house on 25.09.17 is defective one. The OP.2 has given 5 years warranty to the said system. Hence, it is the bounden duty of the OP.2 to rectify the defect in the said solar system. The OP.2 neither visited the Complainant’s house nor rectified the defect in the said solar system nor replaced with new one. Hence, there is deficiency in service on the part of OP.2. Hence, it is just and proper to direct the OP.2 to replace the said solar water heater system with new defect free solar water heater within 30 days from the date of receipt of this order, failing which, OP.2 is directed to return the amount of Rs.14,500/- along with interest at 9% p.a. from the date of this complaint till realization. The Complainant is also entitled to get compensation of Rs.10,000/- and cost of Rs.5,000/-.  Accordingly, we answered the point no.1 in the affirmative.  

 

11. Point no.2: In the result, for the foregoing reasons, we proceed to pass the following order.

 

ORDER

 

The complaint against OP.1 is hereby dismissed as there is no deficiency on the part of OP.1.

 

2. The complaint against OP.2 is allowed.    

 

3. The OP.2 is directed to replace the solar water heater system purchased on 25.09.17 with new defect free solar water heater within 30 days from the date of receipt of this order, failing which, OP.2 is directed to return the amount of Rs.14,500/- to the Complainant along with interest at 9% p.a. from the date of this complaint till the date of realization.

 

4. The OP.2 is further directed to pay compensation of Rs.10,000/- and cost of litigation of Rs.5,000/- to the Complainant.

 

5. This order is to be complied by the OP.2 within 30 days from the date of receipt of this order.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 11^th day of July 2019)

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.Anna Durai, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Original Invoice of 1st system from OP.1 dtd.23.08.07
Ex-A2	Original Installation certificate dtd.23.08.07
Ex-A3	Original Invoice for 2nd system from OP.1 dtd.30.06.12
Ex-A4	Original Installation certificate dtd.30.06.12
Ex-A5	Original Invoice for 3rd system from OP.1 (OP.2) dtd.25.09.17
Ex-A6	Original Installation certificate dtd.25.09.17 by OP.2
Ex-A7	Bank statement
Ex-A8 to A11	Email complaints to OP.1 dtd.10.10.17, 24.04.18, 26.04.18, 16.05.18
Ex-A12 to A14	Reply from OP.1 dtd.24.04.18, 26.04.18, 16.05.18
Ex-A15	Photo copy of 3rd solar system installed by OP.2

 

1. Witness examined on behalf of the OP/s by way of affidavit:

 

Sri.T.J.Joseph, who being the Managing Director of OP.1 was examined. 

 

 

 

 

Copies of Documents produced on behalf of OP.1:

 

Ex-B1

Original Warranty card of OP.1

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT