CC Filed on 22.07.2009<br /> Disposed on 10.09.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 10th day of September 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 54/2009<br /> <br /> Between:<br /> <br /> <br /> Sri. R. Sreeram,<br /> Aged about 49 years,<br /> S/o. late Sri. T.R. Rangaswamy,<br /> No. 1123, ‘Sri Ranga’,<br /> B.M. Road, Opp. Sumathi Jain High School,<br /> Robertsonpet,<br /> Kolar Gold Fields.<br /> <br /> <br /> (By Advocate Sri. P. Raghavan & others) <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> M/s. Suvarna Solar Systems,<br /> Old BGML Ration Depot,<br /> Oorgaum Post,<br /> Kolar Gold Fields.<br /> <br /> Represented by its : Managing Director.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to repay the value of U.P.S to the tune of Rs.13,500/- with interest from 04.03.2008 and to pay a sum of Rs.5,000/- towards costs and expenses and to pay Rs.10,000/- compensation towards mental agony faced by the complainant owing to the deficiency of service on the part of OP. <br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant purchased 1.2 KW unit and 12/120 A.H. capacity U.P.S system from OP for Rs.13,500/- on 04.03.2008 for his personal use in his residence. It is alleged that soon after the installation of the U.P.S installation one or other troubles started and on 02.05.2008, 22.08.2008, 26.08.2008 and 03.09.2008 the complainant gave written complaints to OP and in the meantime he gave several oral complaints and inspite of it the defects were not attended by OP and the U.P.S installation could not be used by complainant at any time. The complainant has stated in detail how he was made to suffer in spite of repeated requests for effecting repair or replacing the system. The complainant submitted that the battery is still with OP and it is not repaired or replaced and he is having only the Inverter. <br /> <br /> 3. The OP remained absent though served with notice sent by this Forum under RPAD. The notice was served on 31.07.2009. We waited for the version of OP or his appearance till 09.09.2009 to which date the case was posted. On that day also the OP was absent. The complainant filed his affidavit in support of the allegations made in the complaint. We heard the Learned Counsel for complainant and perused the records. <br /> <br /> 4. The averments in the complaint and the affidavit in support of it establish that the allegations made against OP are proved by complainant and there is no reason to disbelieve the version of complainant. The complaint as well as the affidavit gave the details of the mental agony suffered by complainant. It is clear that the OP never bothered soon after selling the U.P.S system and on receipt of Rs.13,500/-. Therefore we hold that the complainant is entitled to refund of the price of U.P.S system paid by him to OP. We think compensation of Rs.2,000/- may be awarded towards mental agony apart from the costs of the proceedings. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OP shall pay Rs.13,500/- to complainant with interest at the rate of 10% p.a. from 04.03.2008 till the date of payment and shall also pay Rs.2,000/- compensation towards mental agony, within 30 days from the date of this order. On repayment of price of U.P.S to complainant, the OP is entitled to take back the Inverter lying with complainant. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 10th day of September 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />