Karnataka

Bangalore 4th Additional

CC/2044/2018

Smt. N.C.Sudha, - Complainant(s)

Versus

The Managing Director, M/s Anu Solar Power Pvt. Ltd., - Opp.Party(s)

Chandrashekar

07 Feb 2020

ORDER

Complaint Filed on:29.12.2018

Disposed On:07.02.2020

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

 

 

07^thDAY OF FEBRUARY 2020

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

COMPLAINT No.2044/2018

 

 

COMPLAINANT	Smt.N.C Sudha, W/o R.Nagaraj, Aged about 45 years, R/at No.899, 2nd Floor, 28th Main, 9th Block, Jayanagar, Bengaluru – 560069.   Advocate – Sri.C.Chandra Shekar.     V/s
OPPOSITE PARTy	The Managing Director, M/s.Anu Solar Power Pvt. Ltd., No.244, Madvara Village, Tumkur Main Road, Bengaluru – 562123.   Advocate – Sri.K.T.Kushalappa.

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

The complainant has filed this complaintU/s.12 of the Consumer Protection Act, 1986against Opposite Party (herein after referred as OPs) with a prayer to direct OP to replace the defective Solar Water Heater by installation a new Solar Water Heater, if failed to replace the Solar Water Heater to refund amount of Rs.40,719/- paid towards the cost of Solar Water Heater with interest @ 18% p.a, to grant costs of the proceedings and also such other reliefs.

 

2. The brief allegations made in the complaint are as under:

 

 

Complainant submitted that the complainant purchased the 200 LPD Solar Water Heater on 18.05.2018 from OP.  The complainant has paid Rs.40,719/- towards the cost of the said Solar Water Heater.  The said amount includes GST charges.  On the same day the Solar Water Heater was installed to the complainant’s house.

 

The complainant further submitted that the solar water heater delivered and installed by the OP has five years warranty and also the delivery challan dated 22.05.2018 depicts free replacement against warranty replacement.  The solar water heater installed by the OP’s representative who is not technically qualified and he happens to be driver of the vehicle in which he had brought the solar water heater for installation.  OP has also not carried out the water inspection of the complainant’s house though he was informed that the complainant’s house is having well water only.

 

Complainant further submitted that subsequently after the installation of the solar water heater the complainant started using the solar water heater and to his surprise she found that the muddy water started flowing through the taps of the complainant’s house, which water was coming through the Solar Water Heather.  The complainant’s house is situated in the 2^nd floor and the said house consists of 1^st floor and also a ground floor.  The complainant to confirm the muddy water also inspected the first floor and ground floor house and found that the water flow was clean.  The water flow to all the floors is through a common tank consisting of well water.  The complainant started getting muddy water only after the installation of the Solar Water Heater.  Earlier to the installation, the complainant was getting clear water flowing from the tank.

 

Complainant further submitted that later he approached the OP Company showroom and intimated about the muddy water flow and also appraised them that the muddy water flow was only after installation of Solar Water Heather and that the Solar Water Heater installed by the OP is defective which has resulted in muddy water flow.  The complainant has also requested the OP to inspect the Solar Water Heather and rectify the same, other wise to replace the defective Solar Water Heather, since the defect has occurred within the warranty period and also that the OP company has terms and conditions of free replacement during the warranty period.  But the OP has failed and neglected to inspect the defective Solar Water Heater and also has neglected to replace the same.  The complainant has also got the water sample of his well water tested in a laboratory and the report of the laboratory has also confirmed that the well water used by the complainant is potable and is fit for use.

 

Complainant further submitted that, due to the defective solar water heater installed by the OP and failed to rectify the same the complainant has suffered damages and subjected to mental agony.  Complainant issued legal notice to OP on 15.11.2018 calling upon the OP to rectify the defective Solar Water Heater or replace the defective solar water heater.  OP has given untenable reply to the said notice.  Complainant felt deficiency in service on the part of OP.  Hence the complainant filed this complaint.

 

3. In response to the notice issued, OP appeared through their advocate and filed their version contending in brief, as under:

 

OP submitted that the complaint filed by the complainant is frivolous and vexatious just to harass the OP.  OP is manufacturing Solar Flat Plate collector systems as per the Bureau of Indian Standard (BIS).  OP installed the water heater in the month of May 2018.  Up to month of September there was no complaint raised of muddy water from the complainant.  When the customer complained about muddy water, OP sent a technician without delay and cleaned up the tank which was half filled with mud.  After few days they again registered a complaint and insisted to replace the panels.  Even though OP is sure that mud is from the water.  To satisfy the customer, OP replaced it on 13.10.2018.  Water heaters are installed by plumbers by experience and they do not hold any degree or certificates.  The driver of the vehicle was experienced in installing water heater and the customer did not object by carrying out the work and never raise any adverse comment about the driver.  Further OP found that the water level in the open well was very low during this period.  OP did not test the water prior to installation of water heater since the equipment is meant only for heating water and it does not purify the water.

 

OP further submitted the complainant’s claim that they are getting clear water from another water heater is not true.  OPs technicians had demonstrated to the complainant that the muddy water is a common feature in both cases.  OP had test report sent by the customer.  OP requested the customer to test the cold water and hot water from water heater to ascertain that it is the same water with same properties and to identify the chemical composition of mud.  There is no technology available in the world to produce mud by just heating water.  OP is in the business of water heater since 1990 and water heaters are made as per BIS standards and OP hold a valid BIS license.  Solar water heather consists of 2 parts;

 

1. Solar Panels:- It is made out of copper pipes and black coloured fins, heat is absorbed from sunrays and it heats the water in copper pipes.  The heated water is stored in a stainless container.

 

2. Solar Tank:-It contains of 3 parts.

 

1. Stainless Steel Container.
2. PUF insulation outside steel container to prevent heat loss.
3. Outer cover above PUF insulation to give protection to PUF insulation.

 

Any impurities in water, mainly mud from bore well/open wells along with sand or other biological waste will get deposited in the stainless steel container.  The container is like any other common tank like sintex or plastic tanks.  The only difference in that hot water outlet is from top of the container while cold water outlets of sintex tank or other water tanks are in that bottom of the tank.  This results in a peculiar situation – that is all residues like mud will remain at bottom of tank.

 

OP further submits that Solar water heater will stop heating in evening and by next morning all mud will settle in bottom.  But it will again start heating process the next day by 9 AM resulting in the settled mud again getting shaken and discoloration of water will later place.  In almost 99% of installation, mud level are not significant and the customer will not notice any colour change.  But in the instant case mud level is above average.  OP advised the customer to fit a simple filter in the waterline and it solves the issue but the customer is prejudiced against OP and not willing to install a water filter.  Incidentally these is one more water heater connected to the same water source and discoloration there in the heated water.  This fact and reality is not accepted by the complainant since that system is catering to the needs of her tenant.

 

OP further submits that OP attended the service calls in time and even replaced the system DC No.11894 showing replacement service call sheet.  OP serviced the solar heater purchased by the complainant twice.  OP supplied the water heater and it is doing the purpose of heating water.  Mud is inherent in the water in small proportions and the only solution is to fix an online water filter so that mud is separated out.  There is no any deficiency in service on the part of OP.  Rest of the allegations made by the complainant is denied by OP.  Hence OP prayed for dismissal of the complaint with cost.  

 

4. In the course of enquiry into the complaint, the complainant and the OP have filed their affidavit reproducing what they have stated in their respective complaint and objections.  Complainant and OP have produced certain documents.Complainant and OP have produced written arguments.  We have heard the arguments of complainant and OP and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.

 

5. Based on the above materials, the following points arise for our consideration;

 

 

1. Whether the complainant has proved that there is deficiency in service on the part of the OP, if so, whether complainant is entitled for the relief sought for?

 

 

2. What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  Negative

Point No.2:  As per the order below

 

REASONS

 

 

 

7.Point No.1:-On perusal of the pleadings, evidence and documents produced by both the parties, it is an admitted fact that the complainant purchased 200 LPD Solar Water Heater on 18.05.2018 by paying an amount of Rs.40,719/- from the OP.  The complainant alleged that from the above said solar water heater the muddy water is coming out from the said solar water heater.  Earlier the complainant was getting clear water flow, hence the complainant alleged that the OP has supplied the defective solar water heater.  The said defect has occurred within warranty period.  As per the terms and conditions the complainant is entitled for replacement of the said solar water heater.  To substantiate this contention the complainant has produced report given by Sunrays Systems.  On perusal of the report nowhere it is mentioned that due to Aluminum fins used by the OP in the place of copper fines muddy water is coming out from the solar water heater.  Further the complainant has produced the test report given by Essen & Co. with regard to the well water.  On perusal of the report it has stated that the water is potable.

 

8. Per contra OP submitted that the complainant is using a well water to the solar water heater the mud colour water may be due to low level of ground water.  OP has insisted the complainant to fit a simple filter in waterline and it solves the issue.  The complainant is not willing to install the water filter to the said solar water heater.  Further to the satisfaction of the complainant the OP changed the panel on 13.10.2018.  Again the complainant come up with a same issue.  OP sent a technician to look into the problem.  The technician inspected the overhead tank which was half filled with mud and cleared the mud from the tank.  There is no manufacturing defect in the said solar water heater.  Hence complainant is not entitled for replacement or refund of the amount.

 

9. Admittedly the OP has sent his technician to inspect the problem and the technician found muddy water in the tank.  The solar water heater does not have any role to play in respect of muddy water.  It is only an heating equipment.  The technician has also given a report stating that the muddy water is due to the well water only.  Further the OP also insisted the complainant to install the water filter which the complainant not done so.  Due to the fault in the water the complainant cannot blame the OP.  Therefore the contention of the complainant is unacceptable.

 

10. In the absence of any credible oral or documentary evidence, we are unable to accept the self-serving testimony of complainant that the said solar water heater suffers with any manufacturing defect or the defects as alleged in the complaint.The material placed on record by the complainant is not sufficient to come to the conclusion that there is any deficiency of service on the part of OP.  Therefore, the complaint is liable to be dismissed.  Accordingly, we answer the point No.1 in the negative.

 

12. Point No.2: In the result, for the foregoing reasons, we proceed to pass the following order:     

 

 

O R D E R

 

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is dismissed.  No order as to costs.

 

Supply free copy of this order to both the parties.

 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this07^thday of February 2020)

 

 

 

 

(ROOPA N.R)                                             (PRATHIBHA R.K)

   MEMBER                                                     PRESIDENT

 

 

Witnesses examined on behalf of the complainant by way of affidavit:

 

Smt.N.C Sudha

 

 

 

Copies of documents produced on behalf of complainant:

 

Ex-A1	Copy of tax invoice dated 18.05.2018 for Rs.40,719/-.
Ex-A2	Copy of installation certificate dated 18.05.2018 issued by the OP.
Ex-A3	Copy of laboratory test report issued by Essen & Co. dated 23.11.2018.
Ex-A4	Copy of legal notice dated 15.11.2018.
Ex-A5& 6	Copy of postal receipt and postal acknowledgment.
Ex-A7	Copy of reply sent by the OP dated 10.12.2018.

 

 

Witnesses examined on behalf of the OP by way of affidavit:

 

Sri.T.J Joseph

 

 

Copies of documents produced on behalf of Opposite Party:

 

Ex-B1	Copy of BIS approval document.
Ex-B2	Copy of photograph of OP water heater.
Ex-B3	Photograph of water tank.
Ex-B4	Copy of delivery challan dated 13.10.2018.
	Service call sheet 2 number.

 

 

 

 

(ROOPA N.R)                                             (PRATHIBHA R.K)

   MEMBER                                                     PRESIDENT