IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 81/10 DATED 31.03.2010<br /> ORDER<br /> <br /> Complainant S. Somashekar S/o late Rachappa. S, R/at Door No.791, 2nd stage, Bogadi North, Mysore.<br /> <br /> (By Sri. A.G.T. Advocate)<br /> <br /> Vs. <br /> Opposite Party Prakash, Proprietor of Racold Solare, Solar Water Heater, Solar Point, # 112/C, 9th Main, 5th cross, Opp. Park, Saraswathipuram, Mysore-570009. <br /> (Exparte)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 04.03.2010<br /> Date of appearance of O.P. : <br /> Date of order : 31.03.2010<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. Under Section 12 of the Consumer Protection Act, the complainant has filed the complaint against the opposite party seeking damages and compensation regarding deficiency in Solar Water Heater system.<br /> <br /> 2. Complainant has claimed that, on 05.11.2006, he placed an order, for purchase of Solar Water Heater system with the opposite party. Opposite party explained everything including terms and conditions and delivered the system. There is five years warranty. The complainant has paid Rs.36,000/- towards the price. Thereafter, the opposite party offered maintenance service, for which also complainant paid Rs.1,200/- on 21.02.2009. But, the opposite party not bothered to give service to the complainant. There is will-full negligence and deficiency in service on the part of the opposite party. Legal notice was sent to opposite party. Then opposite party visited the system and undertaken to rectify the mistake. However, the system is not functioning. Accordingly, it is prayed to allow the complaint.<br /> <br /> 3. Despite due service of the notice, the opposite party remained absent and is set exparte.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the learned advocate for the complainant and perused the entire material on record.<br /> <br /> 5. Now, we have to consider whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought.<br /> <br /> 6. For the following reasons our finding on the point is partly in affirmative.<br /> <br /> REASONS<br /> 7. The fact alleged in the complaint regarding the purchase of Solar Water Heater system by the complainant from the opposite party is stated in the affidavit and is corroborated by the various documents including cash receipt. From the date of commissioning the system there is warranty for five years. In addition to it, the complainant has claimed even opposite party offered annual maintenance, for which he paid Rs.1,200/-.<br /> <br /> 8. It is claimed by the complainant that, the system is not functioning. Also it is stated that, after notice, the opposite party visited the system, but even thereafter it is not functioning.<br /> <br /> 9. The opposite party despite service of the notice has remained exparte. The case put forth by the complainant is supported by the documents and particularly, since that has not been denied or disputed by the opposite party, we have no reason to disbelieve the same.<br /> <br /> 10. Accordingly, we pass the following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to make the Solar Water Heater system, which is the subject matter of the present complaint functioning well as per the terms and conditions of sale within a month from the date of the order.<br /> 3. If the opposite party failed to comply with the said order, it shall refund the entire price of Rs.36,000/- to the complainant and take back the system, within 1 ½ months, failing which the amount will carry interest at the rate of 10% p.a.<br /> 4. The opposite party is also directed to pay cost of Rs.2,000/- to the complainant.<br /> 5. Give a copy of this order to both the parties according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 31st March 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />