Date of Filing : 22.12.2011
Date of Order : 30.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 30th APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 231 / 2011
B. Chowda Reddy,
S/o. Chowdappa,
Aged about 63 years,
R/o. Kollur Road,
Srinivaspur Town.
(By Sri. K.V. Shankarappa, Adv.) ……. Complainant
V/s.
1. Orb Energy Pvt. Ltd.,
No. 12, Sriganda Kavalu, Sunkadakatte,
Magadi Main Road,
Bangalore – 560 091.
2. Sales Manager,
Orb Energy Pvt. Ltd.,
Bangarpet Main Road,
SNR Hospital Behind,
Kanakanapalya,
Kolar – 563 101. …… Opposite Parties
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.39,404/- are necessary:
On 01.07.2010 Complainant placed an order for supply of Solar Water Heater with OP for Rs.19,400/- by paying an advance of Rs.5,000/-. Ops supplied the Solar Water Heater on 14.07.2010 and received the balance amount and installed it in the house of the Complainant. There is a warranty / guarantee of 380 days. During 2nd week of July 2011, Complainant found leakage in the Tank and the same was informed to Ops. Ops’ technician Mr. M.N. Ramesh has inspected the same on 13.07.2011 and replaced the Tank on 25.07.2011. Again there was leakage in October 2011. In spite of Complainant requesting the Ops it is not rectified nor replaced. Hence the complaint.
2. In this case OP2 though served remained absent throughout the proceedings. In brief the version of OP1 are:-
Purchase of Solar Water Heater and its installation are admitted. It has warranty of 365 days. Complainant had lodged the complaint regarding Water Heater on 13.07.2011 i.e., on the 366th day. Hence, Water Heater was replaced. Subsequently on 20.10.2011 he lodged Complaint again. He has not entered into any AMC with the OP. As this is beyond 365 days, Complainant had to pay the charges.
3. To substantiate their respective cases, Complainant had filed his affidavit and documents. OP1 after filing version did not turn-up at all nor filed affidavit nor addressed the arguments. Complainant filed written arguments also.
4. The points that arise for our consideration are:
(A) Whether there is deficiency in service / unfair trade practice ?
(B) What order ?
5. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
6. Reading the pleadings in conjunction with the documents of both the parties and affidavit of the Complainant and written arguments of the Complainant, it is an admitted fact that OP2 is the Sales Manager of OP1. It is also an admitted fact that Complainant had placed an order on 01.07.2010 for supply of Solar Water Heater for Rs.19,404/- and paid an advance of Rs.5,000/- on that day. The said Water Heater was supplied to the Complainant on 14.07.2010 and it was installed on 16.07.2010. Complainant stated that it has warranty of 380 days and the OP has stated that it has warranty of 365 days.
7. In an event, on 13.07.2011 Complainant noticed leakage in the Tank and he complained to the OP on the very day. But OP sent its representative / technician on 13.07.2011 who found leakage is due to the cold water nipple side leakage and the Tank was replaced on 25.07.2011. This is admitted by both the parties. OP should have replaced the defectless Tank. But it has supplied / replaced another Tank which had another defect.
8. Within 3 months from the date of the replacement of the Tank on 25.07.2011, again in the 2nd week of October 2011, Complainant noticed leakage in the same Tank which has been replaced. He lodged Complaint and the Ops found leakage in electrical back coil and they refused to replace / repair the Tank. This is nothing but deficiency in service. It also amounts to manufacturing defect.
9. In July 2011, well within the warranty period, leakage in the Tank was intimated to OP and OP replaced another Tank which had some problem, on the tail end of the warranty, OP should have replaced with defectless Water Tank, but that has not been done. Even otherwise, if we take that OP has supplied defectless Tank, warranty starts from 25.07.2011 again and within 365 days even according to the OP water tank has started leaking. Hence, it is manufacturing defect of the entire Tank itself. In Solar Heater, Tank places major role and hence that has to be replaced by the Ops. Complainant need not enter into AMC and even OP has not intimated the Complainant or asked the Complainant to enter into AMC. As such, he cannot find fault with the Complainant. It was for the OPs to have intimated the Complainant regarding AMC and its consequences pro and against, that has not been done. Hence, he cannot find any fault with the Complainant in this regard. Hence, we hold the point accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. Ops are directed to replace the Solar Water Heater Tank supplied to the Complainant on 25.07.2011 with a new defectless Brand New Solar Water Heater Tank of similar quality & standard free of costs within 30 days from today.
3. If for any reasons, Ops fail to comply the order as stated at (2) above within 30 days, then it shall pay to the Complainant a sum of Rs.19,404/- together with interest thereon @ 12% P.A. from 25.07.2011 until payment within 60 days from today.
4. OPs shall also pay to the Complainant Rs.2,000/- as costs of this litigation.
5. OPs shall comply with the order as stated at (2), (3) & (4) above supra and submit to this Forum compliance report with proof by necessary documents within 75 days from today.
6. Send copy of the Order to the parties concerned free of cost.
7. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 30th day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
