Date of Filing:08.12.2009<br /> Date of Order:04.02.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 4TH DAY OF FEBRUARY 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2895 OF 2009 <br /> <br /> <br /> S.N. Jagadish,<br /> S/o Narayanappa,<br /> R/at D.No.2, I Cross,<br /> Near Manjunatha Provision Service,<br /> Singapura Layout,<br /> Vidyaranyapura (P),<br /> Bangalore 560 097. Complainant<br /> <br /> <br /> V/S<br /> Supreme Solar Systems,<br /> No.5, I Floor, <br /> Opp. Vidya Sagar School,<br /> Near Boopasandra Bus Stop,<br /> R.M.V. II Stage,<br /> Bangalore-560 074,<br /> Reptd. by its Manager. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that, the complainant has purchased 200 Liter Solar Water Heater from the opposite party company for Rs.29,120/-. As advance complainant has paid Rs.2,000/- and on installation of the system he has paid balance amount of Rs.27,120/-. After installation, the system is not working properly. Hence, complainant reported the problem to the opposite party. Opposite party sent its plumber by name Mahadeva to check and correct the system. But he has not repaired the same. Complainant again approached the opposite party to rectify the system or to replace the same. Though he has visited several times to the opposite party company, opposite party has not repaired the system nor replace the same. Complainant got issued legal notice. The complainant has suffered huge loss physically, economically and mentally. Hence complainant prayed that the opposite party be directed to pay back Rs.29,120/- or to replace the Solar System installed at his residence and to pay compensation. <br /> <br /> 2. After admitting the complaint, notice was issued to the opposite party by registered post. Notice was served and the case is set for appearance of the opposite party on 21/01/2010, opposite party has not appeared before this Forum and nobody on behalf of opposite party appeared. Defence version also not sent by post. Therefore, the opposite party was placed exparte. <br /> 3. Complainant has filed affidavit evidence and he has explained everything in his affidavit. <br /> REASONS<br /> 4. I have gone through the complaint averments, evidence and the documents. The case put up by the complainant has gone unchallenged. There is nothing to disbelieve the version of the complainant. The learned Advocate for the complainant argued that opposite party may be directed to replace the defective solar system with good and defect free system. The learned Advocate argued that the complainant has paid Rs.29,120/- for the solar system. But unfortunately the system is not working properly and it is defective one. Though the complainant has requested for replacement of the system, the opposite party has not taken any steps. The complainant has also sent legal notice for that also there was no response. Before this Forum also the opposite party has not appeared and contested the matter. It appears that the opposite party has no defence to make, that’s why it has remained absent. Complainant is a consumer under the C.P Act 1986. It is the duty of the service provider to supply defect free product to the customers. Consumer Protection Act being a social and benevolent legislation, it is intended to protect better interest of the consumers. Therefore, the interest of the complainant deserves to be protected. It is just, fair and reasonable to order the opposite party to replace the 200 liter Solar Water Heater to the residence of the complainant that should be defect free. The complainant has to hand over the defective system to the opposite party after replacement. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to replace 200 liter Solar Water Heater to the complainant within 30 days from the date of this order. After its replacement, the complainant shall hand over the defective system to the opposite party. <br /> <br /> 6. The complainant is also entitled to Rs.1,000/- towards cost of the present proceeding from the opposite party. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 4TH DAY OF FEBRUARY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER <br /> rhr. <br />