IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thursday the 29^th day of September, 2011

Filed on 21.05.2008

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)

in

C.C.No.107/2008

between

                                                                      O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainant case is that the complainant in order to purchase a 'Solar water Heater' of 500 liters capacity paid an amount of Rs.25000/-( Rupees Twenty five thousand only ) as advance towards its cost of Rs.94500/-( Rupees Ninety four thousand five hundred only ). The water heater was for personal purpose. Thereafter, on the complainant being made to wait endlessly, a damaged water heater system was delivered, and the complainant refused to accept the said 'defective system'. Resultantly, the opposite parties took the heater back, but declined to refund the money the complainant had already remitted as advance. The complainant's repeated requests both in writing and otherwise were scornfully turn down. The opposite parties committed deficiency of service.

2. On notice being served, the opposite parties turned up. On a prior occasion of the proceedings of this case, the opposite party had raised the same question of maintainability of the complaint before this Forum. This Forum, at that juncture arrived on a conclusion that the instant complaint was maintainable. Being dissatisfied with the said finding, the opposite party challenged the said order of this Forum before the State commission and this Forum has been directed to look into the question of maintainability yet again for fresh disposal.

3. According to the opposite party, the complainant is not a consumer under the purview of the consumer protection Act. The proposed water heater was for commercial purpose. The complainant cancelled the order arbitrarily. The opposite parties contend that the complaint is not maintainable.

4. Bearing in mind the instant plea in the above petition, we meticulously perused the materials put on record. Further, in the context of the direction of Hon'ble State Commission, we effected a probing survey into the various intricacies of the instant case with a surgeon's precision. It appears that the complainant has placed an order for the Solar Water Heater' having a capacity of 500 liters. At the first blush itself, it can be seen that such huge quantity of water is not needed for personal use. Admittedly the complainant is running a resort in Mararikkulam. Taking into account the enormity of the capability of the equipment we are persuaded to presume that the said heater was to be installed for commercial use. Further a plain perusal of Exbt Al categorically unfolded that the ‘solar water heater’  has been for the purpose of profiteering. What is more the most crucial aspect to be noticed is that the complainant has not, at this point of time completed the purchase of the water heater system or used the same. And the complainant has no case that the equipment is defective. When matters stood thus the complainant cannot be heard of complaining about the defect or imperfection of the same. Obviously, the dispute of the complainant is not as to the defect or imperfection of the system, but with regard to the delayed delivery and the amount paid towards the purchase price of the equipment. Taking into account all these aspects, we are of the considered view that the complaint is not maintainable before this Forum. The complainant is at liberty to approach the proper Forum to get his grievance resolved.

For the forgoing facts  and circumstance of the case, the above IA stands allowed

Pronounced in open Forum on this the 29th day of September   2011.

                                                                                                Sd/- Sri.Jimmy Korah

Sd/- Sri.K. Anirudhan:

                                                                                                Sd/- Smt. N.Shajitha Beevi

Appendix:-

Evidence of the complainant:- 

          Pw1       - Sri. Arryn  Jan  (Complainant)

Ext. A1   -Original Cash Bill Rs. 1130/- dated 21.04.2011 from opposite party  to the      complainant

Ext.B1    _  Copy of E-mail dated 17.01.2008

Evidence of the Opposite party:-  Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- sh/-     

Compared by:-