By. Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay Rs.1,34,600/- to the complainant being the value of water heater, subsidy, compensation and cost of the proceedings.

2. Brief of the complaint:- The complainant purchased one 100 LPD Anu Solar Water Heater from 2nd opposite party on 11.04.2013 for a sum of Rs.22,100/-. The system was not working properly since its installation. The complainant contacted the opposite parties over telephone, but no response. Opposite party No.1 is the manufacturer of the system. Now the system become useless. Hence this complaint.

3. On receipt of the complaint, Notices were issued to opposite parties and opposite party No.1's notice served on 09.02.2015. Opposite party No.2's notice returned stating that 'door locked'. Opposite parties never appeared before the Forum and filed version. Hence opposite parties No.1 and 2 are set ex-parte.

4. On perusal of complaint, the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service from the part of opposite party?

2. Relief and Cost.

5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and Ext.A1 to Ext.A3 marked. Ext.A1 is the Sales Bill original. Ext.A2 is the Order Form and Ext.A3 is the owners manual and service book. The case of the complainant is that the solar system is not working properly. The complainant did not produce any document to prove that the system is not working now and the system have defects. But the complainant filed affidavit stating all these facts. It is up to the opposite parties to deny the allegations in the complaint and disprove the case of complainant. But opposite parties remained ex-parte. So by analyzing the entire facts, the Forum found that there is deficiency of service from the part of opposite parties. The Point No.1 is found accordingly.

6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.

In the result, the complaint is partly allowed and the opposite parties are directed to pay Rs.22,100/- (Rupees Twenty Two Thousand and One Hundred) only to the complainant being the value of 100 LPD Anu Solar Water Heater and Rs.2,000/- (Rupees Two Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The opposite parties shall comply the order within 30 days from the date of receipt of this Order. The complainant shall return the solar system purchased from the opposite parties on receipt of the above amounts from the opposite parties. If opposite parties fails to pay the above amounts within 30 days from the date of receipt of this Order, the complainant is entitled to get 12% interest for the whole sum.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30^th day of March 2015.

Date of Filing:31.01.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. A. Vijayan (Affidavit). Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Sales Bill. dt:11.04.2013.

A2. Order Form. dt:05.02.2013.

A3. Owners Manual and Service Book.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-