BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1214-2014

DATED ON THIS THE 22^nd January 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite party, seeking a direction to replace the defective solar heating unit with defect free new unit of same model or to refund the cost of the unit along with 12% interest p.a. from the date of purchase and to take back the defective unit, and to pay a sum of `1,00,000/- towards compensation for damages, loss, mental agony and hardship and other reliefs.
2.     The complainant purchased the solar water heating unit of 200 ltrs. Capacity, by paying a sum of `35,000/- from opposite party on 31.05.2013.  The unit had one year warranty.  The complainant noticed the water is not heating properly, within a short span of 3 months.  Thereby requested the opposite party to repair, but in vain.  Due to bad response to the complaint, the complainant demanded for replacement of the unit with good quality water heating unit. Aggrieved complainant alleging the deficiency in service and unfair trade practice by opposite party filed the complaint and sought for the reliefs.
3.     The opposite party admitted the sale of solar heating unit to the complainant.  The opposite party denied the allegations as false, contended that in rainy and winter season due to cold weather, there are variation in temperature of the water.  The opposite party alleged that, the complainant did not allowed the mechanic to verify the unit.  The opposite party admitted the legal notice and the same replied suitably on 08.03.2014.  The opposite party denied the wilful negligence, deficiency in service as the complainant never allowed the mechanic to verify the system.  The opposite party contended that the unit supplied was of good quality and there was no defects at all. The complainant not used the hot water properly and intending to make wrongful gain filed the complaint.  Hence, prays for dismissal of the complaint.
4.     Both parties lead evidence by filing affidavit, to prove the facts along with several documents.  The complainant not submitted his arguments. The opposite party filed written argument and oral submissions made.  On perusal of the material, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant proves the deficiency in service and unfair trade practice on the part of opposite party, by non replacing the defective solar water system or to refund the cost of the unit and thereby, entitled for the reliefs sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

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

:: R E A S O N S ::

7.    Point No.1:- The solar water heating system purchased by the complainant for a sum of `35,000/-, on 31.05.2013, from the opposite party.  On noticing the improper water heating, reported the facts to the opposite party and requested to rectify the defects.  On repeated demands, also the opposite party fail to rectify the defects.  Later, the complainant demanded for replacement of the unit by good defect free unit or to refund the cost of the system by collecting back the same.  Aggrieved by the service of opposite party and unsatisfactory service even though the problem was raised and noticed within the warranty period.  Hence, the complainant, seeking reliefs.
8.    The opposite party contended that, it had supplied a good quality, defect free unit.  As there was change in weather condition, due to rainy season, the water was not heated properly upto the expectation.  Further, in response to the complaint by the complainant, the mechanic visited the house of the complainant on several occasions, but he was not allowed to verify the unit, as such could not rectify the defect.  The notice was suitably replied by the opposite party on 08.03.2014.  The opposite party alleged that the complainant not used the hot water properly and with an intention to make wrongful gain, the present complaint is filed.  Hence, there is no deficiency in service and unfair trade practice and not liable to pay compensation as sought.
9.    The complainant after filing affidavit fail to appear and address his arguments.  The opposite party though not pleaded in his version and affidavit, submits in his written arguments that the solar water system in question is now not in the custody of the complainant, as the same sold to unknown person.  However, no material placed on board to establish his submissions.  Hence, the prayer of opposite party to dismiss the complaint is not acceptable.  Therefore, the opposite party is liable to pay the cost of the unit to the complainant, by collecting the defective solar water heating system from the complainant.  Accordingly, the   point No.1 is answered partly in the affirmative.
10.    Point No.2:- In view of the above observations, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to refund the cost of solar water heating system i.e. `35,000/- to the complainant, within 30 days of this order.
3. The opposite party is entitled to collect the solar water heating system on payment of the said amount from the complainant.
4. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 22^nd January 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER