Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to replace the same or return the price of the same.
- To pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- Brief facts of the case which led to the filing of complaint are as follows:-
It is the case of the complainant that he has purchased one Sharp Solar Plate having capacity of 90/100 watt with product code 1290 and serial no. 066603916 and 10061600 along with the battery and accessories having capacity of 712 Volt. The aforesaid item was purchased vide annexure – 1 after paying Rs. 25,800/-. The grievance of the complainant is that after purchase when the aforesaid Solar Plate was put to action it was found that the same was not charging the battery. Thereafter the complainant rushed to opposite party and explained all the aforesaid facts to him but the grievance of the complainant was not redressed by the opposite party on one pretext and another. On behalf of opposite party written statement has been filed denying all the allegation of the complainant.
It has stated by opposite party in Para – 8 of written statement that at the time of purchase of the aforesaid solar plate vide annexure – 1, the complainant has advised to purchase the battery either of 130 watt or 150 watt instead of 12 Volt battery so that battery of 130 or 150 watt may take full charge within the fixed time.
It has been further asserted by opposite party that despite aforesaid advise the complainant has purchased battery having capacity of 75 amp and 12 Volt by saying that he has sufficient knowledge of solar plate. It has also asserted by opposite party that complainant should have come first at the firm of the opposite party so that the defect if any may be cured. Opposite party has also stated that the complainant did not take mechanic from his shop for the proper installation of solar plate due to extra expenses. The opposite party has forcibly concealed that aforesaid item was covered by warranty. The purchase of item vide annexure – 1 has not been denied.
Heard and perused the entire record carefully.
The facts asserted by the parties have been narrated in the above paragraphs hence these are not being repeated.
It is needless to say that the aforesaid purchase was done by complainant vide annexure – 1 and the aforesaid items were covered under warranty has not been denied by opposite party.
However the opposite party has stated that the complainant did not visited his shop for the redressal of his grievance and he did not accept the advice of the opposite party for proper installation by mechanic of the opposite party and also did not purchase the battery of 130 watt or 150 watt.
So far the allegation of the opposite party that the complainant did not visited his shop for redressal of his grievance is not acceptable because it is against general human conduct. It is unbelievable that the complainant after investing Rs. 25,800/- for purchase of solar plate etc. vide annexure – 1 will not visit the shop for redressal of grievance.
It is not the case of complainant that the aforesaid battery is not properly charged rather it is the case of the complainant that the solar plate in question is not charging the battery at all despite several efforts made in this direction. Hence it is crystal clear that the aforesaid solar plate did not worked at all. It goes without saying that aforesaid solar plate etc. were covered under warranty and hence it was duty of opposite party to take proper steps as per condition of the warranty in which he has failed.
In our opinion such conduct of the opposite party amounts to deficiency.
We hereby direct the opposite party to return Rs. 25,800/- ( Rs. Two Five Thousand Eight Hundred only ) to the complainant which is the price of the aforesaid Solar Plate etc. vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 10% on the aforesaid amount to the complainant till the final payment is made.
The complainant is also directed to return the aforesaid Solar Plate etc. purchased vide annexure – I to the opposite party at the time of receiving the aforesaid amount, if not returned earlier.
The opposite party is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant as litigation costs within the aforesaid period of two months.
Accordingly, this case stands allowed to the extent indicated above.
Member President
