Date of filing : 30-06-2011
Date of order : 30-11-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.150/2011
Dated this, the 30th day of November 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
N.A.Mohammad, } Complainant
S/o.Andu Beary, Land holder,
R/at Nadubail House,
Enmakaje village, Kasaragod Taluk,& Dist.
Perla.Po.
(Adv. B.Ramakrishna Bhat, Kasaragod)
1. The Authorised Signatory, } Opposite parties
M/s. Dhanya Sree Solar Solutions,
No.7-50/23,G6, Ambassy Plaza,
Pump Well, Mangalore. 575002.
2. Haneefa,
S/o.Iddin Habba,
r/at Kodange House, Near Parllyal Hospital,
BC Road, Po.Bantwal Taluk, DK.574219.
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Case of the complainant in brief is as follows:
Complainant purchased a solar water Geyser from opposite party No.1 on 27-09-2008. Opposite party No.2 is an authorized agent of opposite party No.1. The order of booking was obtained by opposite party No.2 from the residence of the complainant in Enmakaje village. Opposite party No.2 also arranged the loan facility for purchase of the Geyser from Syndicate Bank, Perla Branch. Though the price of the Geyser was shown as `21500/-. Opposite party No.2 has collected `23,500/- from the complainant. The Geyser was installed by the opposite parties. But within 1½ months it became defective. Further the complainant was ordered for Geyser having a capacity of 125 litres but opposite party No.1 supplied the Geyser having 100 litres capacity. After making much telephone calls, 4 months later a person come and attended the Geyser and made some repair. But again it is not working properly. Again complainant made telephone calls to opposite parties. Finally on 26-06-2009 one worker said to be deputed by opposite party No.1 attended the Geyser and removed all the tubes of the Geyser and told that he will come within 2 days. But later he never turned up. Though subsequently on 9-7-2009 complainant sent registered notices to both opposite parties they did not turn up to redress the grievance of complainant. Therefore the complaint.
2. Notices to both opposite parties issued by registered post. Notice to opposite party No.2 returned as not known. For opposite party No.1 Adv. Kuriyan filed vakalath and sought time for filing version. Against opposite party No.2 complainant effected notice through paper publication. Even after that opposite party remained absent. Therefore opposite party No.2 called absent and set exparte. Counsel appearing for opposite parties sought several adjournments for filing version. But no version is filed. Thereafter counsel for opposite party No.1 also did not turn up. Hence the case posted for complainant’s evidence.
3. Complainant entered into witness box and deposed in tune of his complaint. Exts A1 to A8 marked.
4. Ext.A1 is the copy of brochure of solar Geyser and Ext.A2 is the copy of invoice/delivery challan dated 27-09-2008 and Ext.A3 is the copy of performance guarantee dated 27-09-2008. Ext.A4 is the installation certificate copy and Ext.A5 is the copy of confirmation of delivery of machinery/vehicles. Ext.A6 is the copy of lawyer notice dated 4-7-2009 and Exts A7 & A8 are the acknowledgement cards.
5. On perusal of the above documents it is clear that opposite parties had delivered a solar Geyser to complainant which is having a performance guarantee of 5 years. But according to complainant it became defective within 1½ months from the date of installation which is stands proved by his evidence.
6. The non-rectification of defects of the Geyser having a performance guarantee of 5 years is definitely constituted unfair trade practice. The opposite parties are therefore liable to compensate the complainant on account of the loss, hardships and mental agony sustained to him.
The complaint is therefore allowed and opposite parties are directed to take back the solar Geyser system supplied by them to the complainant in as is where a condition and to repay `21,500/- the price of the said system with a compensation of `3,000/- and cost of `3,000/-. Time for compliance is limited to 30 days from the date of receipt of the order. Failing which opposite parties are further liable to pay interest @ 12% for `21,500/- from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Brochure.
A2. Photo copy Invoice/Delivery Challan.
A3. 27-09-2008. Photocopy of Performance Guarantee
A4.27-9-2008 copy of installation certificate.
A5. 26-09-2008 conformation of Delivery of Machinery/Vehicles.
A6. 09-07-2009 Copy of lawyer notice.
A7& A8 postal acknowledgment cards.
PW1. N.A.Mohammad.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT.
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
