By Jayasree Kallat, Member:

 

            The complainant had bought a water tank with the capacity of 2000 Liters on 1-5-08 from the first opposite party. Complainant had paid Rs.6000/- towards the cost of the water tank. The water tank carried a guaranty for 10 years. The tank became defective within months of purchase and the tank startedly leaking. Complainant informed this matter to the opposite party immediately. Opposite party did not take any step to redress the grievance of the complainant. Complainant alleges negligence, deficiency in service and unfair trade practice on the part of opposite parties. Opposite party had sold water tank of poor quality to the complainant. Even though guarantee was promised for 10 years the tank became defective within months of purchase. The opposite parties did not take any steps either to replace the defective water tank or respond to the petitioner’s complaint. Hence this petition.

 

            Opposite party-1 filed a version stating that they had sold one 2000 liters capacity water tank to the complainant. The tank was bought from opposite party-2, the manufacturing company. Opposite party-1 submits that they are not the dealers of the water tank sold to the complainant. They have only arranged from We Three Associates, opposite party-2 to make available the water tank to the complainant. Opposite party -2 did not appear before the Forum. The notice to opposite party-2 returned with endorsement “Not known”. The complainant had taken steps for paper publication against opposite paprty-2. Opposite party-2 did not appear the Forum even after the paper publication. The complainant was examined as PW1 and Ext.A1 the bill for Rs.6000/- given by opposite party-1 and Ext.A2 guaranty card for 10 years warranty of opposite party-2, We Three Associates, 3^rd Floor, Dubai Bazar, Bank Road, Calicut-1 were marked on the side of the complainant. The definite case of the complainant is that he bought a water tank from opposite party-1 for an amount of Rs.6000/- for which opposite party-1 has given a guaranty card of opposite party-2 which carries the seal of Avila Hardwares that is opposite party-1. When the tank became defective complainant approached opposite parties but the opposite parties did not respond to the complaints of the complainant. Hence complainant had approached the Forum. Even after receiving notice, opposite parties did not appear before the Forum or represent their case. Ext.A1 and A2 shows that opposite party-1 has sold the tank to the complainant and Ext.A2 gives a warranty of 10 years for the tank. In Ext.A2 the address of opposite party-2 is clearly shown. Ext.A2 also carries the seal of opposite party-1. Hence we are of the opinion that both the opposite parties are liable.

 

            In the result the petition is allowed and the opposite parties-1 and 2 are directed to return back Rs.6000/- to the complainant along with a cost of Rs.1000/- within one month from the date of receipt of copy f the order. On paying the amount opposite parties can get back the tank from the complainant.

 

Pronounced in the open court this the 30^th day of April 2010.

 

            SD/- PRESIDENT                   SD/- MEMBER                       SD/-MEMBER

 

APPENDIX

 

Documents exhibited for the complainant.

A1. Cash bill dt. 1-5-08 issued by 1^st O.P. to the complainant.

A2. Guarantee card.

 

Documents exhibited for the opposite party.

                        Nil

Witness examined for the complainant

PW1. P.P. Ali (Complainant)

Witness examined for the opposite party

            None.

 

 

                                                                                    Sd/- President

 

                        // True copy //

 

(Forwwarded/By order)

 

 

SENIOR SUPERINTENDENT.