Karnataka

Chitradurga

CC/60/2015

Sri. S.Nagaraja S/o. B.Siddappa - Complainant(s)

Versus

The Authorised Signatory, Anu Solar Power Pvt.Ltd., - Opp.Party(s)

Shri.C.J.Lakshminarasimha

10 Feb 2016

ORDER

COMPLAINT FILED ON : 20/07/2015

     DISPOSED ON: 10/02/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 60/2015 DATED:  10th February 2016

 

PRESENT :-      SRI. T.N. SREENIVASAIAH     PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

 

COMPLAINANT	S. Nagaraja, S/o B. Siddappa, Vennela Nilayam, Behind Masthar K. Boraiah High School, KHB Colony, Kelagote, Chitrdurga.   (Rep by Sri. C.J. Lakshminarsimha, Advocate)
OPPOSITE PARTIES	1. Authorized Signatory, Anu Solar Power Private Limited, No.248, 3rd Cross, 8th Main, III Phase, Peenya Industrial Area, Bangalore-58.   2.  Authorized Signatory, Anu Solar Power Private Limited, Peenya, 7th Division, Bangalore "E", 1st Main Road, Sheshadripuram, Commissionarate, Bangalore-II, 161, Bangalore-20.   (OP No.1 party in person OP No.2 ex-parte)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OPs for a direction to the OPs to pay Rs.37,959/-, the price of 300 LPD Anu ETC Modular Water Heating System Anu1, Rs.1,00,000/- towards mental agony, cost and such other reliefs.

 

2.     The brief facts of the case of the complainant are that, at the request of the Sales Representatives of the OPs, he purchased the Solar Power Water ie., 300 LPD Anu1 FTC Modular Water Heating System by paying Rs.37,959/- on 25.10.2013 and the same has been installed in the house of complainant.  At the time of installation, the Technician, Team Leaders and Sales Representatives assured that there will be no problem for 2 years and the warrantee is also covers for the same for 2 years.  In the service manual supplied by the OPs, they have undertaken and states that they will provide warrantee i.e., company will replace or repair at their work or at your site, free of cost within a period of one year for regular systems from the date of sale, such parts/parts thereof as may found on examination to have manufacturing defects.  It is further submitted that, after purchasing the said water heater, complainant maintained the same in good condition and also followed the terms and conditions of the service manual.  After installation, the tank of the water heater shows the leakage in outlet point and also at coil point, thereby it is not working properly.  Complainant informed the same to both the OPs through their Team Leader and also personally through phone about the defects.  The Authorities of the OPs have attended the service call on 28.11.2013 but, not cured or rectified the defects and the same problems continued.  Complainant informed through phone and also in person several occasions, for which OP No.1 verified and checked the status of the water heater and informed the complainant that there is some major leakage and had taken the same for repair or replace and the same was within the warrantee period and the OPs have not returned the repaired unit or new unit.  It is further submitted that, at his surprise the OPs have taken Rs.2,650/- under threat from the complainant saying that, it is for some charges which may occur during repair.  But, in the service manual, they have undertaken that, they will undertake to repair or replace the same free of cost at the customer site, if it is within the warrantee period.  The Tank leakage was found in the said water heater only after 9 months from the date of purchase.  The OPs are postponing the same for one or the other reason, for which the complainant is fed up with the illegal, ill will and bad attitudes of the OPs for their manufacturing defects and they have neglected the complainant for handing over the repaired unit or replacement of the said unit and they are intending to escape from the liability and responsibility.  Due to the act of the OPs, complainant has suffered lot of mental agony and sufferings, mental torture etc., and the complainant has issued legal notice to the OPs on 13.11.2014 through RPAD calling upon them to replace the Water Heater Tank and Unit or return the entire price but, the OPs replied vaguely and not complied the terms of the legal notice.  Due to non compliance of the said Water Heater Tank and Unit by the OPs, complainant invested and incurred more than Rs.50,000/-, which amounts to deficiency of service so, he sustained mental agony and etc., and prayed for allow the complaint.

3.     On service of notice OP No.2 nor its Advocate appeared before this Forum nor filed any version.  Hence, OP No.2 placed ex-parte.  OP No.1 appeared in person   and filed its version stating that, complainant approached them for supply of Solar Water Heating System and they have deputed their executive and he explained the product details and complainant asked to supply 300 LPD Anu ETC Modular Water Heating System vide purchase order No. 142658 dated 12.10.2013 and the complainant has paid Rs.5,000/- as an advance amount and agreed to give balance amount of Rs.32,952/- at the time of delivering the system.  OP with good confidence on complainant supplied and installed the solar water heater system on 25.10.2013 vide Invoice No.1121325407.  Complainant accepted the system in good condition along with owner's manual and warranty certificate.  As per the agreement, complainant suppose to handover the balance payment of Rs.32,952/- but assured to the delivery persons that, he will make payment after installation.  After installation, he has paid Rs.8,000/- on 12.11.2013 and Rs.6,000/- on 25.11.2013 and the balance amount to pay on complainant's account is Rs.18,959/-, for which their account's department have done many telephone and personal visit but it went in vain.  It is very clearly mentioned in the purchase order form that all payments to be made only by crossed A/c payee DD/Cheque favoring Anu Solar Power Pvt. Ltd., or to transfer the money into their account directly.  As per the warranty conditions, all the damages due to the manufacturing defects, the damaged parts will get repaired or replaced free of cost, provided the complainant bear the cost of packing, forwarding and transpiration.  It is further submitted that, the system was working satisfactorily till August 2014, during first week of September 2014, they received a complaint from the complainant that, the Tank needs service and found that, the tank is having leakage due to usage issues.  As usual their service division persons collected the tank for repair after receiving the packaging, forwarding and transpiration charges of Rs.2,650/- from the complainant, the same is payable as per warranty conditions.  It is further submitted that, while checking it was found that, there is a balance to be made by the complainant and the same was intimated to him and for getting warranty support, the customer should pay full payment.  It is further submitted that, they have requested the complainant to clear the pending payment to avail the service.  It is denied that, the Solar Water Heating System is defective.  They are ready to demonstrate its performance at any point of time.  It is further submitted that, they have supplied the Solar Water Heating System as per the complainant's order only to the complainant with BIS marked Solar panels and MNRE specifications.  Therefore, there is no deficiency in service on their part and hence, prayed for dismissal of the complaint.    

        4.     Complainant himself examined as PW-1 by filing affidavit evidence reiterating the contents of complaint and documents are marked at Ex.A-1 to   Ex.A-5. 

5.     On behalf of OP No.1 one Sri. T.A. George Kutty, the Representative of OP No.1 examined as  DW-1 by filing affidavit evidence and documents are marked at Ex.A-1 to   Ex.A-12. 

6.     Written arguments have been filed and oral arguments heard.

 

7. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complainant proves that, he is a consumer and the OPs have committed deficiency of service in rectifying the defects in the 300 LPD Anu ETC Modular Water Heating System and he is entitled for compensation as stated in his complaint?

 

Point No.2:- What order?

 

        8. Our findings on the above points are as follows:

 

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

 

                                        ::REASONS::

 

9. Point No. 1:- It is not in dispute that, complainant purchased 300 LPD Anu1 FTC Modular Water Heating System by paying Rs.37,959/- on 25.10.2013 and installed in the house of complainant which covers warrantee for 2 years.  In the service manual supplied by the OPs, they have undertaken and states that they will provide warrantee i.e., company will replace or repair at their work or at the customer's site, free of cost within a period of one year for regular systems from the date of sale, if the same having manufacturing defects.  After purchasing the said water heater, complainant maintained the same in good condition and also followed the terms and conditions of the service manual.  After installation, the tank of the water heater shows the leakage in outlet point and also at coil point, thereby it is not working properly.  Complainant informed the same to both the OPs through their Team Leader and also personally through phone about the defects.  The Authorities of the OPs have attended the service call on 28.11.2013 but, not cured or rectified the defects.  Complainant informed through phone and also in person several occasions, for which OP No.1 verified and checked the status of the water heater and informed the complainant that there is some major leakage and had taken the same for repair or replace and the same was within the warrantee period and the OPs have not returned the repaired unit or new unit.  OPs have taken Rs.2,650/- under threat from the complainant saying that, it is for some charges which may occur during repair, which is against the service manual.  The Tank leakage was found in the said water heater within 9 months from the date of purchase.  The OPs are postponing the same for one or the other reason and neglected the complainant for handing over the repaired unit or replacement of the said unit and they are intending to escape from the liability and responsibility, which caused the complainant to suffer lot of mental agony and sufferings, mental torture etc.  Due to non compliance of the said Water Heater Tank and Unit by the OPs, complainant invested and incurred more than Rs.50,000/-, which amounts to deficiency of service so, he sustained mental agony and etc., and prayed for allow the complaint.

 10.  In support of his contention, the complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also relied on documents like copy of original Tax Invoice bearing No. 1121325407, which shows the complainant has purchased the said water heater from the OPs on 25.10.2013 for a sum of Rs.37,959/-  marked as Ex.A-1, Copy of Service Call Sheet bearing No.1050 dated 28.11.2013 and another Service Call Sheet dated 11.09.2014, wherein it is seen that, OPs have charged Rs.2,650/- marked as Ex.A-2, Copy of legal notice issued to the OPs dated 13.11.20134 marked as Ex.A-3, Copy of reply to the notice issued by the complainant marked as Ex.A-4, Copies of postal receipts and Postal Acknowledgement with postal cover for having served the legal notice marked as Ex.A-5. 

 

11.   On the other hand, OP No.1 argued that, complainant purchased 300 LPD Anu1 ETC Modular Water Heating System vide purchase order No. 142658 dated 12.10.2013 and the complainant has paid Rs.5,000/- as an advance and agreed to give balance amount of Rs.32,952/- at the time of delivering the system.  OP with good confidence on complainant supplied and installed the solar water heater system on 25.10.2013 vide Invoice No.1121325407.  Complainant accepted the system in good condition along with owner's manual and warranty certificate.  As per the agreement, complainant suppose to handover the balance payment of Rs.32,952/- but assured to the delivery persons that, he will make payment after installation.  After installation, he has paid Rs.8,000/- on 12.11.2013 and Rs.6,000/- on 25.11.2013 and the balance amount to pay on complainant's account is Rs.18,959/-, for which their account's department have done many telephone and personal visit but it went in vain.  It is further argued that, the system was working satisfactorily till August 2014, during first week of September 2014, they received a complaint from the complainant that, the Tank needs service and found that, the tank is having leakage due to usage issues.  As usual their service division persons collected the tank for repair after receiving the packaging, forwarding and transpiration charges of Rs.2,650/- from the complainant, the same is payable as per warranty conditions.  While checking, it was found that, there is a balance to be made by the complainant and the same was intimated to him and for getting warranty support, the customer should pay full payment.  The Solar Water Heating System was in good condition.  They are ready to demonstrate its performance at any point of time and they have supplied the Solar Water Heating System as per the complainant's order only to the complainant with BIS marked Solar panels and MNRE specifications.  Therefore, there is no deficiency in service on their part and hence, prayed for dismissal of the complaint.    

12.   In support of its contention, the OP No.1 has relied on its affidavit evidence in which it has reiterated the contents of version and affidavit evidence and also relied on documents like certified copy of General Power of Attorney marked as Ex.B-1, certified copy of Fresh Certificate of Incorporation consequent on change of name marked as Ex.B-2, certified copy of ISO 9001-2008 certificate marked as Ex.B-3, certified copy of letter dated 02.02.2014 written to the Anu Solar Power Pvt. Ltd., by the Ministry of New and Renewable Energy marked as Ex.B-4, certified copy of letter 17.06.2015 written by the Scientist and Head, Bureau of Indian Standards to the OPs with regard to renewal of certification marks license marked as Ex.B-5, Certified copy of Test Report marked as Ex.B-6, Certified copy of purchase order dated 12.10.2013 marked as Ex.B-7, Certified copy of Tax Invoice dated 25.10.2013 arked as Ex.B-8, Certified copy of Installation and Commissioning Certificate dated 25.10.2013 marked as Ex.B-9, Certified copy of warranty: scope and limit, wherein it has been mentioned that, Anu Solar Power Private Limited will replace or repair at their work or at customer site, free of charge within a period of years from the date of sale, such parts/parts thereof as may found to have manufacturing defects.  Packing, forwarding, transpiration etc, to be taken care by the customer, reserves the right either to replace or repair the defective pars where defective parts can be replaced by any parts or alternative brand/s which are normally used by Anu Solar Power Private Limited, in the course of manufacture and reserves the right to carry out the replacement by a part/parts of any such alternative brands marked as Ex.B-10, Certified copy reply to the notice issued by the Advocate for complainant marked as Ex.B-11, certified copy of ledger extract purchase order marked as Ex.B-12.           

13.   We have carefully gone through the complaint, affidavit evidence and the documents produced by complainant and the version, affidavit evidence and the documents filed by OP No.1.  It is seen that, the complainant purchased 300 LPD Anu FTC Modular Water Heating System Anu1 for a valid consideration of Rs.37,959/- on 25.10.2013 from the OPs, which covers warranty for two years and the OPs installed the same in the house of complainant which carried two years warranty.  But, the Tank leakage was found in the said water heater within  9 months from the date of its purchase.  Complainant approached and intimated about the same to the OPs to rectify the defects found in the said water heater but, the OPs are postponing the same for one or the other reason and they have not repaired or replaced the same.  As per the warranty card issued by the OPs, they have to rectify the defects found the water heater with free of cost.  The document i.e., Ex.B-9, the Tax Invoice produced by the OP clearly goes to show that, it is a created and concocted document wherein on the left side, the OPs have written a word "not paid", which shows the said document was forged by the OPs, but in the original invoice produced by the complainant i.e., Ex.A-1, the word "not paid", is not found. Moreover the OPs have collected Rs.2,650/- towards charges for repairs and they have not repaired or replaced the said water heater which shows the negligence and unfair trade practice on the part of OPs and they are intending to escape from the liability and responsibility.  Therefore, we come to the conclusion that, there is a deficiency of service on the part of OPs and the complainant is entitled to get compensation.  Accordingly, this Point No.1 is held as partly Affirmative to the complainant.

 

14.  Point No.2:- For the foregoing reasons, we pass the following.

ORDER

It is ordered that the complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

 

The OPs are directed to refund a sum of Rs.37,959/- along with interest at the rate of 9% p.a from the date of purchase till realization to the complainant towards deficiency of service. 

 

It is further ordered that, the OPs are  directed to pay a sum of  Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of the proceedings. 

 

It is further ordered that, the OPs are directed to pay the above amount to the complainant within 60 days from the date of this order. 

 

 

 

 

        (This order is made with the consent of Members after the correction of the draft on 10/02/2016 and it is pronounced in the open Court after our signatures.)

 

 

 

MEMBER                                                         MEMBER                      

 

 

PRESIDENT

 

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of Complainant:

                                                -Nil-

On behalf of OP No.1 one Sri. T.A. George Kutty, CEO as DW-1 by filing affidavit evidence.  

 

Witnesses examined on behalf of OP No.1:

-Nil-

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Copy of original Tax Invoice dated 25.10.2013
02	Ex-A-2:-	Copies of Service Call Sheet dated 28.11.2013 and 11.09.2014.
03	Ex-A-3:-	Copy of legal notice dated 13.11.20134
04	Ex-A-4:-	Copy of reply to the notice issued by the complainant
05	Ex-A-5:-	Copies of postal receipts and Postal Acknowledgement with postal cover

 

Documents marked on behalf of Opponent:

01	Ex-B-1:-	Certified copy of General Power of Attorney
02	Ex-B-2:-	Certified copy of Fresh Certificate of Incorporation consequent on change of name
03	Ex-B-3:-	Certified copy of ISO 9001-2008 certificate
04	Ex-B-4:-	Certified copy of letter dated 02.02.2014 written to the Anu Solar Power Pvt. Ltd., by the Ministry of New and Renewable Energy
05	Ex-B-5:-	Certified copy of letter 17.06.2015 written by the Scientist and Head, Bureau of Indian Standards to the OPs with regard to renewal of certification marks license
06	Ex-B-6:-	Certified copy of Test Report
07	Ex-B-7:-	Certified copy of purchase order dated 12.10.2013
08	Ex-B-8:-	Certified copy of Tax Invoice dated 25.10.2013
09	Ex-B-9:-	Certified copy of Installation and Commissioning Certificate dated 25.10.2013
10	Ex-B-10:-	Certified copy of warranty: scope and limit.
11	Ex-B-11:-	Certified copy of reply to the notice issued by the Advocate
12	Ex-B-12:-	Certified copy of ledger extract purchase order

 

 

MEMBER                                                         MEMBER                      

 

 

PRESIDENT

Rhr.