Complaint filed on: 12-04-2017 Disposed on: 20-11-2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.44/2017
DATED THIS THE 20th DAY OF NOVEMBER 2017
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Smt.N.T.Dhakshayani,
W/o. K.T.Laxminarayan,
Door No.338, 2nd Cross,
Vinayakanagar, Tiptur
(By Advocate Sri.C.N.Hanumantharaju)
V/s
Opposite parties:-
1.NUETECH
Nuetech Solar Systems Pvt. Ltd.
#5, Shankarappa industrial
Estate, Sunkadatte, Bengaluru
Reptd by its owner
2.Sri.Mookambika Agencies,
KSGEA Complex, Opp. Govt. Boys High School, BH Road,
Tiptur-02
Reptd by its owner
(OP No.2 by Advocate Sri.N.Basavaraj)
(OP No.1- Exparte)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the OP Nos.1 and 2, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OPs to replace the two solar water heating systems (drums) and to pay compensation of Rs.50,000=00 towards harassment and mental agony, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The complainant had purchased two Solar Water Heating Systems of 200 liters from the 2nd OP by paying an amount of Rs.70,035=00 on 19-10-2010. The 2nd OP had installed the Solar Water Heating Systems to the complainant’s house on 19-12-2010.
The complainant further submitted that, after installation of the said solar system, there was some defect in the systems i.e. the complainant was not getting hot water from one of the water system. Hence, the complainant visited the OP No.1 and 2 on several occasions and requested the OP No.1 and 2 to repair the solar systems or replace the same. After several requests, the 1st OP technician had visited the complainant’s house and done some repairs and installed “Insulated Tank Assembly, FPC PC” to the 1st Solar system and collected Rs.5,600=00 from the complainant.
The complainant further submitted that, after repair of the first solar system, the same problem was occurred in the second solar system and the complainant was not getting hot water from the 2nd system. Hence, the complainant visited the OP No.1 and 2 on several occasion and requested them to repair the solar system or install the new solar system, but the OP No.1 and 2 have not shown any interest in repairing the 2nd solar water system or replace the same. Hence, on 27-8-2014 the complainant got issued a legal notice to the OPs and the same was served on the OPs. After receipt of the said notice, some repairs have been done by the 1st OP technicians.
The complainant further submitted that, after some months, the complainant found leakage of hot water in two solar system drums (tanks) and the same was intimated to the OPs, but the OPs have not shown any interest to repair the drums (tanks). The complainant is facing several problems due to leakage of hot water from drums. On several requests, the 1st OP technician has visited the complainant’s house on 19-2-2016 and he found leakage of hot water in two drums (tanks). After inspection, the technician issued “installation/service call slip” to the complainant and assured that, the same will be repaired as early as possible or they will replace the two drums. But till today, the OPs have not repaired or replaced the solar water systems drums. On 4-5-2016 the complainant got issued a legal notice to the OPs and the said notice was served on the OPs. But the OPs neither repaired nor replaced the drums. Hence, the present complaint is filed.
3. After service of the notice, the 2nd OP has appeared through his counsel and filed version. The 1st OP did not appear before the forum and he were called out absent and he have been placed exparte.
4. In the version, the 2nd OP has contended that, the averments made in the para 2 of the complaint are not denied and other averments made in the complaint are denied as false and the complainant is put to strict proof of the same.
The true facts of the complaint are that, the 1st OP is the manufacturer of Nuetech Solar Water Heater and the 2nd OP is the dealer of the 1st OP having his agency at Tiptur in the name and style of Sri.Mookambika Agencies. The complainant approached the 2nd OP during the month of Oct.2010 and booked / ordered for 200 liters of two Solar Heaters and the same was supplied to the complainant on 19-12-2010 with a warranty for period of one year. The warranty card will be issued to customer directly by the manufacturer i.e. 1st OP, there was no complaint during the warranty period and at any point of time till the legal notice was received by this OP on 5-5-2016. The complainant has not approached nor even not complained with regard to work of solar water systems. The 2nd OP after pursuing the legal notice dated 4-5-2016 came to know that, the complainant had direct to contacts with the 1st OP and in the month of Feb.2016, the 1st OP has attended the complaint and the 2nd OP immediately forwarded the said legal notice dated 4-5-2016 to the 1st OP for further action, as per the complaint averments, the problem with solar water heater is not within the warranty period. Hence, the complaint is liable to be dismissed, it the Hon’ble Forum come to conclusion that, there is deficiency of service, it is the 1st OP who has the manufacturer of the solar water heater is liable to obey the orders of this forum. Hence, it is prayed to dismiss the complaint with costs, in the interest of justice and equity.
5. In the course of enquiry in to the complaint, the complainant and 2nd OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant has produced documents which were marked as Ex-C1 to C6. We have heard the arguments of both parties and perused the documents and then posted the cases for orders.
6. Based on the above materials, the following points will arise for our consideration.
1. Whether the complainant has proved deficiency in service on the part of the OP?
2. What Order?
7. Our findings on the above points are;
Point no.1: In the affirmative
Point no.2: As per the final order below.
REASONS
8. On perusal of the pleadings of the complaint, objections of the OPs and affidavit evidence of both parties, it is an admitted fact that, the complainant had purchased 200 liters of two solar water systems from the 2nd OP on 19-10-2010. The main allegation of the complainant is that, the complainant is not getting the hot water from the solar systems, due to leakage of the drums of solar water heater. The above said solar water systems are not functioning properly, thereafter caused lot of inconvenience to the complainant. Hence, the complainant approached the OP No.1 and 2 on several times and the 1st OP technician has visited the complainant’s house and diagnosed the problem stating that, there is a leakage in the solar water systems drums as per Ex-C3. Thereafter, the OPs have not visited the complainant’s house to repair the said solar water systems and then the complainant got issued a legal notice to the OPs on 4-5-2016 as per Ex-C4 and requested the OPs to repair the said solar water systems or replace the same, but the OPs neither repair the solar systems or reply to the legal notice.
9. Per contra, the 2nd OP has contended that, the 1st OP is the manufacturer of Nuetech Solar Water Heater and the 2nd OP is the dealer of the 1st OP. The complainant approached the 2nd OP during the month of Oct.2010 and booked/ordered for 200 liters of two Solar Heaters and the same was supplied to the complainant on 19-12-2010 with a warranty for period of one year. The warranty card will be issued to customer directly by the manufacturer i.e. 1st OP; there was no complaint during the warranty period. The complainant has not approached the 2nd OP and the complainant had direct contacts with the 1st OP. In the month of Feb.2016, the 1st OP has attended the complaint and the 2nd OP immediately forwarded the said legal notice dated 4-5-2016 to the 1st OP for further action. As per the complaint averments, the problem with solar water heater is not within the warranty period. Hence, the complaint is liable to be dismissed.
10. On perusal of the documents i.e. installation/service call slip/Ex-C3, it is seen that, the technician of the 1st OP visited the complainant house and diagnosed the problems, but not rectified. However, the complainant also issued legal notice/Ex-C4 dated 4-5-2016 requested the OPs to repair the said systems or replace the same. But the OPs neither repair the said solar system nor reply the legal notice.
11. From the material evidence placed on records, it is seen that, the solar water heater systems are having leakage problem and thereby caused lot of inconvenience to the complainant and her family members. Though, the warranty period of the said solar water heater is expired. The complainant is expected to give service to their customer when the complainant has offered to pay the necessary charges for repair. The OPs being a service orientated establishment should have honoured the legal claim of the complainant, but they have failed to render service. Moreover, the company cannot escape from its liability to providing efficient service to their customers, but not giving proper service to the complainant, it amounts to deficiency in service. Accordingly we answer this point in the affirmative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint of the complainant is allowed in part with cost of Rs.3,000=00.
The OP No.1 and 2 are directed to repair the Solar Water Heater Systems by collecting necessary repair charges from the complainant.
This order is to complied by the OP No.1 and 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 him, corrected and then pronounced by me in the Open Forum on this, the 20th day of November 2017)
LADY MEMBER PRESIDENT
