IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 27th day of August 2016
Complaint No. 88/2015
Present: 1) Shri.B.V.Gudli, President 2) Smt. S.S. Kadrollimath, Member
3) Shri. V.S. Gotakhindi, Member
-***-
Complainant:
Shri. Bharama Satyappa Tammannavar,
Age: 50 years, Occ: Agriculture,
R/o. Ganapat Galli,
Tq & Dist. Belagavi.
( By Sri. M.M.Bharamagol, Advocate)
V/s.
Opponents:
1) The Manager,
Desai Traders, Opp Cantonment Complex,
Khanapur Road, Camp Belagavi.
Its office: 349 IInd Main Auto Nagar,
KIDB (Kanbargi Extn)
Belagavi.
( By Sri. G.N.Patil, Advocate)
2) The Head Office,
Registered at Get. No: 265/374/376,
Kharbawadi Chakan Taloan Road,
Chakan Pune-410501.
( By Sri. V.B.Dhakane, Advocate)
(Order dictated by Sri.B.V.Gudli, President)
ORDER
U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service for supply of damaged product of new Recold solar water heater by the OPs.
2) Notice was served to O.Ps. OPs appeared through their counsel and filed his objections to main petition.
3) In support of the claim of the complaint, the complainant has filed affidavit and produced some documents & the OPs filed affidavit and produced some documents.
4) We have heard the arguments of the complainant and O.Ps. and have perused the records.
5) Now the point for our consideration is that whether the complainant has proved deficiency on the part of O.Ps & entitled to the reliefs sought?
6) Our finding on the point is partly in affirmative, for the following reasons.
REASONS
7) The complainant has alleged that he has purchased the Recold solar water heater from the OP-1 which is branch office of OP-2, under invoice No.345 dtd.10.03.2013, under order No.00482 for an amount of Rs.36000/-. The complainant has further alleged that the Recold solar water heater was for domestic necessities with 7 years guarantee for omega collector and 5 years guarantee on tank bearing Model No.AIR-VENT Sl.No.12-11-00594, 12.19.016159. The allegation that solar water heater was not working properly hence the complainant visited the OP.1 branch office at Camp number of times and on 06.11.2014 the OP.1 received repair charges of Rs.4000/- under receipt no.749 and even though after repair the same is not working properly and on number of personal visits the OP.1 did not heed to the requests made and the complainant suffered mentally and loss of money. On 03.01.2015 the complainant issued legal notice and the OP.1 received the notice and not replied and OP-2 sent ordinary letter but both did not comply to the notice. Hence there is deficiency of service on the part of OPs. Hence the complainant constrained to file this complaint.
8) On the other hand the OPs have filed objections contending that, the OP1 in para.2 of objection contended that, para .1 and 2 are true and correct and para.3 to 7 are not true and correct & same are denied & the complainant has purchased Recold solar water heater of OP2 through OP.1 & OP.1 is the dealer of OP.2 and the grievances of the complainant has been successfully attended by OP.1 & communicated the same to OP.2. The OP.1 further contends that it is the habit of the c complainant to make false allegations and the guarantee given by OP.2 is under certain terms & conditions & same are not fulfilled by complainant even after assisted by OP.1 and there is no deficiency of service on the part of OP.1.
9) The 2 in para.9 of objection contended that, para .1 of the complaint is generally correct and para 2 is not correct to say that OP.1 is the branch office of OP.2 & it is correct that the OP.2 is having registered office at Pune and para.3 and 4 of the complaint pertaining to OP.1 and OP.2 does not want to make any comments and it is false that the complainant has sent legal notice to OP and OP.2 has not replied to the notice. It is incorrect as regards para.5 of the complaint that, OP has given 7 years warranty & it is incorrect to that the solar water heater is not working properly. The OP further contends that para.6 is not true and correct and para.7 there is relationship between OP.2 and complainant and complainant is as main service provider and consumer. In other paras of the objections the OP.2 has denied the allegations and contended that, the forum has no jurisdiction and the same is time barred etc., hence we have not taken the contention of these paras of the objection in detail. This OP prays to dismiss the complaint with compensatory costs.
10) The complainant and OPs have produced their respective evidence & on both the sides certain documents are produced and written arguments are filed. We have gone through the allegations of the complaint as noted supra. The grievance of the complainant is that the Recold solar water heater is not working properly even the OP repaired the same and the one is within the warranty. On the other hand both the OPs have denied the allegations & OP.1 contended that we have attended the call of the complainant & repaired the Recold solar water heater and the same is not within the warranty. Here we have to look into the date of purchase i.e. on 10.03.2013 the complainant purchased the same and within a span of 8 months i.e. on 06.11.2014 the OP.1 on the complaint of the complainant carried the repair work to the Recold solar water heater. Therefore as per the contention of the complainant the guaranty is 7 years on Omega collector and 5 years guarantee on tank. We have gone through the booklet submitted by the complainant i.e. the manual instruction for installment and use. Here the OP has produced the same. Under the terms and conditions of the guarantee at point no.4 of the manual it reads as – “The guarantee only applies to the solar water heater and therefore does not cover any plumbing or electrical part supplied by the installer/owner and not on integral part of solar water heater Ex.Gate wall, electrical heater, fuses, depressurizer etc.” and in point no.6 which reads as “service charges will be applicable after completion of one year.” As per point no.4 the guarantee is for entire Recold solar water heater as we understand from the sentence and the service charge will be applied after completion of one year. In the present case on hand the allegation of the complainant is that the OP.1 for the repair carried out has charged Rs.4,000/- under Receipt No.749 on 06.11.2014 & it is to be noted here is that, the very Recold solar water heater has got a problem within a span of 8 months and even after the repair carried out as per the allegation of the complainant the problem continued.
11) As per point no.6 of the terms and conditions of the manual upto one year there shall not be service charges. But in the present case on hand the OP.1 has received Rs.4,000/- from the complainant and passed a receipt & this fact has not been denied by the OP.1 in his objections. Hence, the OP.1 himself has violated the terms and conditions of the manual and collected the service charges from the complainant. Under the manual at page.7/9 there is a guarantee card printed, wherein as per the allegation of the complainant there is guarantee of 7 years on Omega collector & 5 years guarantee on tank. But the OP-2 in his objections at para.9D has denied the 7 years warrantee & stated that it is incorrect to say that OP has given 7 years warrantee at the time of purchasing the Recold solar water heater by the complainant. Here it is to be noted that, nowhere in the manual the word warrantee is used, but there is only word used is Guarantee. Therefore it is tobe noted that, being the manufacturer of the Recold solar water heater, the OP.2 has not gone through the manual which is printed by themselves and produced before the forum. This itself shows that, how diligent are the OP.2 in their services & they don’t know what exactly has been printed in the instruction manual supplied along with the Recold solar water heater to their customers.
12) As per the allegations of the complainant the complaint filed by the complainant is within time & as per the guarantee given by the OPs they are bound to give service to the complainant & mere denying the entire contents of the complaint and allegations in their objections does not hold any water. Moreover, even after legal notice sent by the complainant the OP.1 failed to reply and OP.2 has denied that they have given any reply to the legal notice sent by the complainant. Taking into consideration the above discussions made the complainant has proved the deficiency in service on the part of the OPs and after discussion made above and after observing the objections filed by the OPs we are of the opinion that there is an unfair trade practice on the part of the OPs & they are liable for compensation to be payable to the complainant.
13) Considering the facts and material on record, at this stage, the complainant has proved deficiency in service on the part of the O.P. Accordingly following order;
ORDER
The complaint is partly allowed.
The OP.1 and 2 as shown in the cause title are hereby directed to repair the Recold solar water heater within 15 days from the date of order with due acknowledgement, to show that the repair so carried will not create further complications without service charges. In case of failure to repair the Recold solar water heater within stipulated period the OPs are directed to refund the amount of Recold solar water heater to the complainant under invoice no.345 within 30 days from the date of the order.
Further the OP.1 and 2 as shown in the cause title are also hereby directed to pay Rs.5,000/- to the complainant as compensation for mental agony and loss suffered and Rs.3,000/- towards cost of the proceedings within 30 days from the date of the order, failing which the OPs are directed to pay additional compensation of Rs.2,000/- to the complainant.
(Order dictated, corrected and then pronounced in the open Forum on: 27th day of August 2016)
Member Member President.
msr*
