NCDRC

NCDRC

RP/1161/1162/2006

NUETECH SOLAR SYSTEMS PVT. LTD. AND ANR. - Complainant(s)

Versus

SAYISHA ALIAS T. SHESHA AND ANR. - Opp.Party(s)

R.S.HEGDE

26 Oct 2009

ORDER

Date of Filing: 11 May 2006

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1161/1162/2006
(Against the Order dated 23/01/2006 in Appeal No. 26/2006 of the State Commission Karnataka)
1. NUETECH SOLAR SYSTEMS PVT. LTD. AND ANR. ...........Appellant(s)

Vs.
1. SAYISHA ALIAS T. SHESHA AND ANR. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :R.S.HEGDE
For the Respondent :NEMO

Dated : 26 Oct 2009
ORDER

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Petitioner was the opposite party before the District Forum.

 

          The respondent / complainant had filed a complaint against the petitioner with an allegation that he after obtaining a loan, got a solar water heater installed on his building.  But the same was damaged because of defective installation. 

 

          The petitioner filed written statement but did not lead any evidence.  In the absence of any evidence by the petitioner, the District Forum took the facts stated in the complaint as correct and relying upon the evidence led by the complainant, allowed the complaint and directed the petitioner to pay jointly or severally, a sum of Rs.10,000/- towards the repair of solar water system, Rs.2,000/- as compensation and Rs.1,000/- by way of costs to the respondent.  The amount was to be paid within one month failing which the amount was to carry interest @9% p.a. from the date of default till realisation.

 

           Petitioner filed an appeal before the State Commission, which has been dismissed by observing :-

“The OP though filed the version have not filed any affidavit by way of evidence though the DF has granted adjournments four times for filing the affidavit by way of evidence.  In the absence of such evidence, the DF is right in allowing the complaints of the complainants on the basis of the evidence adduced by the complainants.  Hence, we find no reason to interfere in the impugned order.  In the result, we pass the following order:

Applications filed for condonation of delay and the appeals are dismissed.”

 

            Findings recorded by the lower fora are the finding of fact, which cannot be interfered with in revisional jurisdiction.  Dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER