Karnataka

Belgaum

CC/38/2015

Sidagouda B Nerli - Complainant(s)

Versus

Parashuram K Mutnale The Properitor Prathvi Enterprises - Opp.Party(s)

S S Hanchinal

16 Sep 2015

ORDER

(Order dictated by Shri. B.V.Gudli, President)

ORDER

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service supply of Solar water heater to the complainant.

          2) The notices were issued against opponents and opponents were served. In-spite of service of notices O.Ps. remained absent. Hence they have been place ex-parte.

          3) In support of the claim in the complaint, complainant has filed his affidavit by way of evidence and original receipt issued by opponent No.1 produced by the complainant.

          4) We have heard the argument of the complainant counsel and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.P. and entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

          7) On perusal contents of the complaint and affidavit produced by the complainant by way of evidence. The complainant has constructed house at Gudas Village and he was intending to purchase Solar water heater from opponent No.1. The O.P.1 is proprietor of Prathvi Enterprises and was selling said water heater to customers. The complainant has placed order dated 28/01/2013 and he has paid Rs.10,000/- as advance amount for purpose of purchasing ORB Company Solar Water Heater. The actual cost of supplied Solar water heater is Rs.18,000/- and Opponent No.1 has stated to the complainant that he will supply the said water heater after payment of remaining amount of Rs.8,000/-. Thereafter complainant visited office opponent No.1 on 28/4/2013 for supply Solar water heater but O.P.1 did not heed the request of the complainant, again he visited the opponent No.1 on 16/8/2014 for repayment of deposited amount of Rs.10,000/- as advance, but opponent No.1 had stated to the complainant that is not having money requested the complainant to approach him after 15 days. Thereafter the opponent No.1 did not pay the said amount, nor supply Solar water heater to the complainant. After repeated request and demands made by the complainant, the opponent No.1 failed to supply solar water heater to the complainant. Thereafter complainant got issued legal notice through his advocate to opponent No.1 on 21/11/2014 and also opponent No.2 on 24/12/2014 requested them to advance amount of Rs.10,000/- paid by the complainant. After service of the notice opponents neither supply the Solar water heater nor repay amount of Rs.10,000/-. Hence the complainant has constrained to file this complaint.

8) To substantiate the case of the complainant, complainant has produced his affidavit by way of evidence and produced original receipt issued by opponent No.1 dated 28/1/2013 for Rs.10,000/-. In-spite of repeated request and demands made by the complainant, the opponents did not heed the request of the complainant. On perusal affidavit of the complainant after service of the notice opponents have failed to comply the notice issued by the complainant. On perusal evidence and documents produced by the complainant there are sufficient evidence to believe that the complainant has paid Rs.10,000/- as advance for Solar water heater and opponents failed to repay amount and failed to supply the solar water heater. Thus evidence establish that the opponents failed to fulfill the demands of the complainant. It amounts to deficiency in service. Hence deficiency in service is proved.

          9) Hence we proceed to pass the following order;

: ORDER :

          The complaint is partly allowed.

          The O.Ps. 1 and 2 jointly and severally are hereby directed to pay a sum of Rs.10,000/- to the complainant with future interest at the rate of 4% P.A. from 28/1/2013 till realization of the entire amount.

          The O.Ps. 1 and 2 jointly and severally are hereby directed to pay to the complainant a sum of Rs.2,000/- towards costs of the proceedings.

          Order shall be complied within one month from the date of the order.

(Order dictated, corrected and then pronounced in the open Forum on: 16^th day of September 2015)

Member                Member                            President.

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