This is a discussion on Emmvee Solar Systems within the Judgments forums, part of the General Discussions category; Complainant: Sri. Ravi Kumar Aged about years S/o Residing at No.26 7th Main, Dwaraka Nagar Hosakerehalli Banashankari III Stage Bangalore- ...
Sri. Ravi Kumar
Aged about years
Residing at No.26
7th Main, Dwaraka Nagar
Banashankari III Stage
Bangalore- 560 085
M/s. Emmvee Solar Systems
No.55, 6th Main, 11th Cross
Bangalore- 560 024
R/by its Managing Director
Sri. Manjunath D.V.
O R D E R
SRI. G. SIDDANAGOUD, PRESIDENT:
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) to rectify the defects in the water heater, compensation of Rs.50,000/- with costs and for such other reliefs.
The brief facts of the case are that in the month of second week of September, 2004 the complainant interested to purchase the Solar system for his residence and on enquiry the complainant came to know that the OP is carrying on the said business and accordingly the complainant contacted the Op office and came to know about the quality of the Solar system and accordingly he booked one solar system for his residential purpose. Thereafter the Op has inspected the spot and conducted various tests for installation of the said Solar system including chemical analysis report of water sample and accordingly the complainant purchased the solar system on 25/04/2004 from the Op on installment basis and the said installments were cleared by the complainant as and when fall due by way of cheques and there is no due of amount from the complainant to the OP.
At the time of purchase the Op has assured the complainant about the warranty of the system is ten years from the date of purchase and the same is caused any defect during the said period the OP himself would rectify the said mistake at his own costs and expenses without claiming any amounts from the complainant. The complainant has purchased two water heaters and out of that, one water heater has caused leakage and improper hot water supply and accordingly the complainant brought to the notice of the OP in respect of the defect in the said water heater and accordingly the sub-ordinate officials of the Op visited the spot and found the said defect in the water heater and the said fact was brought to the notice of the Op by the officials of the OP inspite of knowing the defects in the water heater either the Op or his sub-ordinate officials fails to rectify the said mistake and to comply the same inspite of repeated requests, demands, phone calls and personal approaches to the OP and the Op went on postponing the same on one or the other reasons without any justifiable reason whatsoever.
Inspite of repeated approaches, demands and requests, the sub-ordinate officials of the Op has sent a untenable letter on 20/05/2008 claiming a sum of Rs.8,000/- for replacement of SS 304 tank of 200 LPD which is highly contrary to the terms and conditions of the warranty period granted by the OP at the time of purchasing the water heater. Inspite of repeated requests and demands, the Op failed to comply with the demands of the complainant and has no other go except to got issued legal notice on 10/09/2008 calling upon the Op herein to come and comply with the defect caused in the said water heater and to rectify the mistake occurred in the water heater, both registered post acknowledgement due and UCP and the said notice was duly served on the Op. After receipt of the said notice the Op has sent on untenable reply denying the allegations made in the said notice and further demanded the payment for replacement of the defective water heater system. Hence the complainant approached this forum.
Op appeared through its counsel, filed its version and gave evidence by way of affidavit. Complainant gave his evidence by way of affidavit. Heard arguments on both sides.
All the facts have been admitted in this case. According to learned counsel for OP, the leakage of the tank caused due to usage of hard water it is beyond the permissible limit and suggested that the said tank can not be rectified and the same is to be replaced and in their objections and evidence they have clearly admitted that the system worked for three years and even today OP is ready to supply a new tank on the payment of cost of tank, which cost Rs.8,000/-. When we peruse the documents produced by the complainant, the warranty to the said product granted by the manufacturer was 10 years from the date of its purchase. The same was purchased on 25/09/2004 and on the same date it was delivered. As per the submission by both parties the complainant has purchased two Solar heaters from the Op on the same day. According to the complainant, another set is completely alright and in working condition. If the one tank is leaking due to usage of hard water, another tank must also be in the same condition. But according to the complainant, another tank is working properly without any problems. As agreed under the warranty, when the OP has agreed to rectify the defects within the warranty period of 10 years, it is bounden duty of the OP either to rectify or to replace the tank. There was no necessity to the complainant to pay the cost of the tank. But the Op has insisted for payment of Rs.8,000/- towards the cost of the tank which is against the terms and conditions assured under the warranty, within 4 years from the date of its purchase one of the tank started leakage and it is the bounden duty of the OP to replace the same as it is within the warranty period. Non-replacement of the tank definitely amounts to deficiency in service.
In view of the discussions made above, we are of the opinion that the complainant has proved the deficiency in service on the part of the Op. Accordingly, we pass the following order.
Complaint is allowed. Opposite party is directed to replace the solar water tank purchased by the complainant within 40 days from the date of this order.O R D E R
Opposite party is directed to pay an amount of Rs.2,000/- (Rupees Two Thousand only) to the complainant towards the costs of this litigation.
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