Date of Filing:18.11.2008<br /> Date of Order:07.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 7TH DAY OF JANUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2484 OF 2008<br /> <br /> Mahabaleshwara,<br /> No. 213, 5th Cross, <br /> Bhuvaneshwarinagar,<br /> BSK III Stage, <br /> Bangalore-560085. Complainant<br /> <br /> V/S<br /> M/s Anu Solar Power Pvt. Ltd., <br /> No. 248, III Cross, 8th Main,<br /> Peenya Industrial Area,<br /> Bangalore-560 058. Opposite Party<br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed by the complainant stating that he had purchased Solar Water heater of Anu Solar System with 5 years warranty valid up to March-2009. The Solar System gone out of order even before completion of 3 years. The complainant is bringing the same to the notice of opposite party. Opposite party is refusing to keep up the promise. Therefore, the opposite party company be directed to replace the system with new one and to reimburse the expenses of Rs.5,000/-. <br /> 2. Notice was issued to opposite party. The opposite party has appeared in person and submitted defense version admitting that the complainant has purchased Solar Water Heater System from the opposite party on 07/12/2004. The certificate of warranty which is extended till March-2009 is not issued by the opposite party. Complainant never lodged any complaint to the opposite party with regard to the problem in the working condition of system. Opposite party at no point of time made any false promises to any of its customers. The opposite party submitted that even now the opposite party is ready and willing to attend the Solar System and rectify the defect if the complainant has to bear the repair charges. <br /> <br /> 3. Complainant was present in person and the authorised representative and legal officer of the opposite party was also present in person. The matter was heard and discussed in the open court. The legal officer of the opposite party submitted that the opposite party is ready and welling to repair and set right the Solar System and it will be made in workable condition. The complainant who is present in person accepted the proposal and submitted that the opposite party shall rectify the defect and repair the system at their own costs since he has suffered a lot due to the nonworking condition of the system. The Forum asked the legal officer of the opposite party to rectify the defect and repair the Solar System at their own costs without insisting any amount or payment from the complainant. For this suggestion and proposal the learned Legal Officer accepted and submitted that the complainant has to bear the transportation charges of the system from his residence to company work shop. This request can be accepted. So, in view of the discussion and settlement of the matter in the open court, I proceed to pass the following:-<br /> ORDER<br /> <br /> 4. The complaint is allowed. The opposite party is directed to repair and make it defect free and workable condition of Solar Water System at their own costs. The complainant has to bear the transportation charges of the system from his residence to Service Center or factory. With this arrangement the complaint is disposed off.<br /> <br /> 5. The opposite party shall comply the order within 15 days from the date of this order.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 7TH DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> Rhr., <br /> <br />